Gump's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Bed-ford county: In Equity: No. 49, to May term 1870. On the 13th of January 1869, Jacob Lingenfelter filed a bill against George W. Gump, which set out: That the plaintiff and the defendant on the 18th of November 1865, entered into an agreement under seal, by which plaintiff bound himself to sell the defendant his farm for $3000, of which $1000 was to be paid on the 1st day of April then next, and $400 annually…
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Appeal from the decree of the Court of Common Pleas of Bed-ford county: In Equity: No. 49, to May term 1870. On the 13th of January 1869, Jacob Lingenfelter filed a bill against George W. Gump, which set out: That the plaintiff and the defendant on the 18th of November 1865, entered into an agreement under seal, by which plaintiff bound himself to sell the defendant his farm for $3000, of which $1000 was to be paid on the 1st day of April then next, and $400 annually thereafter, with interest from the 1st of April, till the whole should be ,paid; that on the 30th of March 1866, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Agnew, J.
The finding of the masterthat the provision in the agreement for the payment of interest on $2000 annually, from the 1st day of April 1866, was omitted by the mistake of the attorney in writing the single bill, is sustained by clear and convincing evidence. The objection that the writing cannot be contradicted is unsound. Plain mistake ranks with fraud as an exception to the rule which forbids the admission of parol evidence to qualify or contradict written instruments: Christ v. Diffenbaugh, 1 S. & R. 464; Renshaw v. Gans, 7…
2Cases cited2 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Jenks v. FritzSupreme Court of Pennsylvania · 1844
3Cited by6 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Allinger v. MelvinSupreme Court of Pennsylvania · 1934
- Alderfer v. PendergraftSupreme Court of Pennsylvania · 1982
- In re BrennerDistrict Court, M.D. Pennsylvania · 1911
- Knight's EstateSuperior Court of Pennsylvania · 1902
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