Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 197)
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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 197)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 197)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901. Excerpt: ... Opinion of the Court. 197 Pa. and the defendant. This agreement conferred a general authority upon Jennings to take orders, and contained no express limitation that they should be subject to the ratification or approval of the defendant. If the defendant company had intended to prevent Jennings from making any binding agreement on its behalf without its approval, a provision to that effect could easily have been inserted in the contract of employment with him. The case should not have been taken from the jury, but should have been submitted under careful instructions as to the proper measure of damages. The first assignment of error is sustained. Under this view, the second assignment need not be considered. The judgment is, therefore, reversed and a procedendo awarded. Schotte v. Meredith. Evidence--Parol evidence--Omission of part of contract in written instrument--Mistake. A written agreement may be reformed by showing a mistake by the scrivener in failing to insert therein the whole contract of the parties, but the evidence so to reform the instrument must be clear, precise and indubitable. Where one brother agrees in writing to sell his interest in his father's estate clear of all incumbrances to another brother, the vendee agreeing to assume all debts due by the estate for which the vendor is liable, the testimony of the scrivener who drew the agreement is admissible to prove that it was the intention of the parties that the vendee should assume the payment of a mortgage upon the real estate, and that reference to the mortgage had been omilted in the written agreement by mistake. In such a case, however, the court may properly charge that the evidence to reform the written instrument must be clear, precise and indubitable, and if the court does so c...


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Product Details
  • ISBN-13: 9781235524196
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 272
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235524191
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 490 gr


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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 197)
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