Batdorf v. Albert
Supreme Court of Pennsylvania
Error to the Oourt of Common Pleas of Lebanon county: Of May Term 1868, No. 55. This was an action of assumpsit to April Term 1866, by John Albert, Jr., against Zacharias Batdorf.
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Error to the Oourt of Common Pleas of Lebanon county: Of May Term 1868, No. 55. This was an action of assumpsit to April Term 1866, by John Albert, Jr., against Zacharias Batdorf. On the trial, before Pearson, P. J., A. M. Seltzer, for plaintiff, testified, that in 1854 the plaintiff and defendant settled their accounts in his presence; the settlement resulted in a balance in favor of the plaintiff of from $3700 to $3900. It was agreed that $1500, being about 40 per cent, of the amount, should be paid by a note from the defendant to witness, who was a creditor of the plaintiff, and that the…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1868, by
Thompson, C. J.
The argument for the plaintiff in error overlooks the distinction between solemn contracts inter partes, in writing, executed and delivered, and receipts, the acknowledgment of one party only. The authorities cited apply to the former exclusively, and show that they are not to be altered or varied by parol, except for fraud, accident or mistake. But this case belongs to the latter description, and is governed by different principles. Receipts when mere acknowledgments of delivery or payment, are but primá. facie evidence…
2Cases cited1 opinion
- Jones v. PattersonSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- Spittall v. AlleeSuperior Court of Pennsylvania · 1914
- Forney v. Lipp, Pennsylvania Court of Common Pleas, Lancaster County1927