F. A. North & Co. v. Williams
Supreme Court of Pennsylvania
EKKOB. TO THE COTIBT OF COMMON PLEAS NO. 3 OF PHILA-DELPHTA COUNTS'. No. 252 January Term 1888, Sup. Ct.; court below, No. 247 December Term 1886, C. P. No. 3. On December 2, 1886, an action was begun by Clayton Williams against F. A. North, trading as F. A. North & Co. The narr. charged: For that whereas heretofore, to wit, on or about the 28th day of May, 1886, at the county aforesaid, the said defendant, through its duly, authorized agents and employees, called at the…
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EKKOB. TO THE COTIBT OF COMMON PLEAS NO. 3 OF PHILA-DELPHTA COUNTS'. No. 252 January Term 1888, Sup. Ct.; court below, No. 247 December Term 1886, C. P. No. 3. On December 2, 1886, an action was begun by Clayton Williams against F. A. North, trading as F. A. North & Co. The narr. charged: For that whereas heretofore, to wit, on or about the 28th day of May, 1886, at the county aforesaid, the said defendant, through its duly, authorized agents and employees, called at the residence of the said plaintiff, and, through false and fraudulent representations to the said plaintiff, to wit, that they…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen:
There is no evidence in this case upon which it would be possible to reform the contract between the parties. It is in writing and was duly executed in the presence of an attesting witness. It speaks for itself, and cannot be overthrown upon the mere opposing testimony of one party, contradicted by the oath of the other, who in this case was a disinterested person. The learned court below thought that this rule did not apply, because the plaintiff could not read or write, and that there was conflicting testimony as to whether the contract was explained to the…
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