Buy Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 54)
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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 54)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 54)


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About the Book

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. 1868. Excerpt: ... Swain r. Fidelity Insurance Co. Under these circumstances, to presume that the court appointed a guardian for him, would be to presume what would not cure the error, even if we could make the presumption. But if the record of the proceedings in partition were before us, how could we presume any such thing in a case where the minor himself never had been regularly subjected to the jurisdiction of the court? Under these circumstances we cannot say that the plaintiffs have such a marketable title free from dispute and indefeasible in law, as will warrant specific performance. The decree at Nisi Prius is therefore reversed, and the plaintiffs' bill is ordered to be dismissed, and they are directed to pay the costs. Fisher versus Deibert's Administrators. 1. Parol proof may be admitted to reform a writing on account of fraud, accident or mistake, where something has been inserted or omitted contrary to the intent of the parties, or to explain latent ambiguities, local terms and terms of art in writings, but not where none of these reasons exist. 2. Opinions of witnesses as to the meaning of contracts clear of these exceptions, or the construction the parties supposed to be proper, are never heard. 3. An obscure contract construed. March 4th 1868. Before Woodward, C. J., Thompson, Strong and Agnew, JJ. Read, J., sick. Error to the Court of Common Pleas of Berks county. This was an action of assumpsit, commenced August 13th 1863, by Samuel Deibert and William Koch, administrators, &c, of John D. Deibert, deceased, against Daniel B. Fisher. The cause of action was the following note: --" Two years after date I promise to pay John D. Deibert, or order, two thousand seven hundred and thirty-seven dollars and fifty cents, without defalcation, for value received. Lees...


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Product Details
  • ISBN-13: 9781235699535
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 258
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235699536
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 467 gr


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