Berlin Smokeless Coal & Clay Co. v. Rohm

Citations

• 272 Pa. 24
• 115 A. 877
• 1922 Pa. LEXIS 768

Syllabus

<p>Judgment — Lease of coal lands — Assumption of judgment — Fraud — Rescission of contract — Equity—Findings of fact.</p> <p>1. A bill in equity to have a judgment declared paid, is properly dismissed, where the evidence shows: that defendants had leased certain coal lands from plaintiffs, at the same time agreeing to protect the land against a judgment which was a lien thereon; that defendants had paid the judgment and taken an assignment thereof; that shortly afterwards defendants discovered that plaintiffs had made false representations as to the land and coal covered by the lease, whereupon they promptly rescinded the contract; and that the amount paid by the defendants on the judgment had never been returned to them.</p> <p>2. The findings of. fact of a chancellor will not be reversed on appeal, in the absence of manifest error.</p> <p>Equity — Equity practice — Amendment—Delay in application— Discretion of court — Withdrawing bill.</p> <p>3. The allowance of amendments rests in the reasonable discretion of the court, and, in absence of plain error, its action will not be reversed.</p> <p>4. The refusal to permit a bill in equity to be amended is amply justified after finding of facts and law had been made, and a decree nisi entered; and particularly is this so if circumstances appear which showed a failure to exercise due diligence in making the application.</p> <p>5. One of the plaintiffs in an equity suit will not be permitted to withdraw his bill, after rulings adverse to his contention have been entered.</p>