Dillon's Estate

Citations

• 269 Pa. 234
• 111 A. 919
• 1920 Pa. LEXIS 793

Syllabus

<p>Evidence — Witness—Competency—Party dead — Principal and agent — Orphans’ court — Findings—Review on appeal — Act of May 88,1887, P. L. 158 — Attorney—Gontingent fee.</p> <p>1. Where one is authorized by another to act for her as an agent (the principal being disclosed) in employing an attorney on a contingent fee, the agent, after the principal’s death, is a competent witness, under the Act of May 23, 1881, P. L. 158, for the attorney to prove the contract of employment. The agent’s competency cannot be attacked because of a bare possibility that an action might be brought against her.</p> <p>2. Where the orphans’ court finds as a fact, upon competent evidence, that a decedent had made, in her lifetime, a contract of employment with an attorney-at-law based on a contingent fee, such finding will not be reversed on appeal, in the absence of manifest error.</p> <p>Contract — Compromise agreement — Settlement of dispute— Fraud.</p> <p>3. Where a dispute exists, and the parties enter into an agreement for the purpose of settling the dispute, they will be bound by the agreement; but if there has been a concealment amounting to a fraud, by one of the parties, the agreement will not be binding upon the other.</p> <p>Accord and satisfaction — Liquidated claim — Consideration.</p> <p>4. To validate an accord and satisfaction based on a liquidated claim that is due, there must be a proper consideration, -with an assent or meeting of the minds of the parties. If the party receiving payment takes a less sum, he must understand that he takes it in full satisfaction of his claim, to constitute an accord and satisfaction.</p>