Clark v. Partridge
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. Debt on an award, in which the first two counts were on a bond to refer to three, or a majority; and award by two being a majority; the third count set out a bond to refer to three, “ that at the time of signing the bond, it was verbally agreed, that the award of a majority should be final; and that the same was intended to be inserted, but omitted by a mistake of the scrivener, and by the suggestion of the defendant, that the…
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Error to the Common Pleas of Washington county. Debt on an award, in which the first two counts were on a bond to refer to three, or a majority; and award by two being a majority; the third count set out a bond to refer to three, “ that at the time of signing the bond, it was verbally agreed, that the award of a majority should be final; and that the same was intended to be inserted, but omitted by a mistake of the scrivener, and by the suggestion of the defendant, that the same was unnecessary, that he would not deny his agreement, and if he did, the scrivener could prove it,” &c. Plaintiff…
1Opinion of the Court
Rogers, J.,
after stating the case. — It is a case of fraud, not mistake; for although the scrivener was at first in error as to the purport of the agreement, the mistake was discovered before it was signed, and would, we have reason to believe, have been altered but for the false and fraudulent representations of the defendant. If the case be as stated, it is a palpable fraud, which consists in the defendant refusing to comply with his contract, and insisting, in violation of good faith, upon the legal construction of the agreement as written. The gravamen of the plaintiff’s action is, that…
2Cases cited2 opinions
- Miller v. HendersonSupreme Court of Pennsylvania · 1823
- President of the Orphans Court of Dauphin County ex rel. Groff v. GroffSupreme Court of Pennsylvania · 1826
3Cited by4 opinions
- Krueger v. NicolaSupreme Court of Pennsylvania · 1903
- Clark v. LindsaySuperior Court of Pennsylvania · 1898
- Myers v. KippSuperior Court of Pennsylvania · 1902
- Motovich v. Roush, Pennsylvania Court of Common Pleas, Perry County1955