Lessa v. Staler

Citations

• 75 Pa. Super. 468
• 1921 Pa. Super. LEXIS 45

Syllabus

<p>Contracts — Contract for sale of real estate — Affidavit of defense —Insufficiency.</p> <p>In an action of assumpsit for commissions earned in the sale of real estate, an affidavit is insufficient, which alleges that in spite of, and contrary to, the terms of the written instrument, the commissions were not to become due until final Settlement was made by the purchaser.</p> <p>Without averments of fact tending to show fraud, accident or mistake, one attaching his signature to an instrument should be held to have made the paper his voluntary obligation. Where it is not asserted that the plaintiff intended to have the alleged oral understanding incorporated in the agreement, the preparation and signing of it by the defendant and the acceptance of it by the plaintiff raises a strong presumption that he did not so intend. The general rule is that a mistake will not be relieved against if it is the result of the party’s own negligence.</p>