Kruger's Estate

Citations

• 264 Pa. 51
• 107 A. 379
• 1919 Pa. LEXIS 590

Syllabus

<p>Contract — Consideration—Fraud—Evidence— Receipt — Principal and agent — Disclosed principal — Decedents’ estates.</p> <p>1. At tbe audit of the account of an executor of an insolvent decedent a claim was presented for $25,000 based on a writing signed by decedent. It appeared that decedent had been the president of a street railway company, and that the claimant was a plumber. Two years before decedent’s death it was discovered that the railway company had been illicitly tapping fire lines and unlawfully using city water. Claimant found this out, and suggested to decedent that, if he were given the contract to meter the fire lines, he could arrange it so that the city would make no claim for water previously illicitly used. An oral contract was then made by which a certain amount was fixed for construction work, and a further sum of fifteen per cent on the savings due to such metering. Claimant was paid by the company for the construction work and receipted in full “for all services rendered.” Subsequently claimant pressed the decedent to pay him the percentage for the saving, and as a result decedent prepared a paper which was signed by both. In this paper it was recited that claimant had agreed to accept $25,-000 in full payment for metering and that decedent had agreed to pay fifteen per cent on the savings from the metering. The decedent bound himself, his heirs, executors and assigns, and the company, to protect claimant for the full amount of $25,000, further stating, “I will see the above sum is paid you in amounts as may be required from time to time for your personal use.” The consideration was stated in the following language: “In consideration of the faithful and efficient service rendered by you to the company, and to me in the matter of metering the fire lines for the company.”</p> <p>2. The only allegation of fraud was that claimant had deceived decedent into the original agreement, not that the contract in question grew out of fraud against the ci