Gordon v. Great Atlantic & Pacific Tea Co.

Citations

• 243 Pa. 330
• 90 A. 78
• 1914 Pa. LEXIS 623

Syllabus

<p>Contracts — Releases for infuries caused by negligence — Fraud—■ Evidence of fraud — Case for fury.</p> <p>1. Where iu a common law action the attempt is not to alter or contradict a written instrument but to overcome it wholly and set it aside, the testimony of a single witness covering the point in controversy, no matter that it be contradicted by many opposing witnesses, requires a submission of the question of fact so raised to the jury.</p> <p>2. When means are employed to lead one not to read an instrument which he is about to sign and to deceive him as to its purpose so that he is not afforded a fair opportunity for examination, the case does not fall within the rule that he who signs without reading when he can do so or can have it done for him will not be heard to say that he was ignorant of the contents of the paper só executed.</p> <p>3. Where an alleged release of liability for injuries caused by negligence has been fraudulently obtained the fact that the money paid at the time of its execution has not been returned is.not sufficient to bar the plaintifE’s right to recover; the money in such case is retained, not as part of the consideration of a contract denied, but as a part indemnity for fraud perpetrated; there is no admission that the money so received was the consideration for a contract and there is consequently no obligation to return it.</p> <p>' 4. In an action of trespass to recover damages for personal injuries admittedly caused by the negligence of. the defendant, defendant offered in evidence a writing in the form of a release puiporting to acquit and discharge the defendant from all damages or liability in consideration of $150 paid to plaintiff at the 'time when the release was obtained. Plaintiff contended that the release had been fraudulently procured, and offered -evidence that after an operation necessitated by his injuries he was subject fp attacks of epilepsy and vertigo, whereby his mind was enfeebled; that on the day when he s