Henwood v. Bellis

Citations

• 2 Monag. 68
• 1889 Pa. LEXIS 1352

Syllabus

<p>On the trial, the evidence showed that the defendant, Henwood, on Aug. 1, 1882, gave the plaintiff, Mrs. Beilis, the following memorandum, written on defendant’s ordinary letter-head and not witnessed : “ For and in considering of 2000 Two Thousand Dollars I hereby sell to Jennie Beilis The tenth Interest of my patent Double action plunger pump No. 247, 642. Patentend Sept. 27, 1882 for the term of seventeen- years. Received on account Five Hundred and Thirty Dollars.” The defendant subsequently paid $930, leaving a balance of I540 still due. On March 4, 1883, Henwood took in partners, in consequence of Mrs. Beilis’s refusing to pay the balance, the defendant testified. He afterwards executed a formal assignment of the patent to the firm and finally sold out all his interest to the other members. The firm refused to recognize any interest in Mrs. Beilis. In an action of assumpsit for money had and received, the court submitted the construction of the written instrument to the jury, charging that if they found that the writing, taken with the other circumstances, was intended as a mere memorandum of an agreement, to be followed by a formal assignment, and the defendant afterwards rescinded the contract, the plaintiff was entitled to recover back the money she had paid. The jury found for the plaintiff. Held, on writ of error, that the judgment should be affirmed.</p>