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· 11/8/1897

Lewis v. Dunlap

Citations

  • 5 Pa. Super. 625
  • 1897 Pa. Super. LEXIS 293

Syllabus

<p>Contracts — Presumption—Fraud.</p> <p>Written, contracts are presumed to express the real agreements of the parties and are not to be lightly set aside on vague allegations and uncertain inferences of fraud.</p> <p>Practice, C. P. — Insufficient allegation of fraud,.</p> <p>A man cannot ask to be relieved from his written contract, upon the ground of fraud practiced upon him in the execution of it, without specifically alleging facts from which the fraud may be clearly and indubitably inferred; a fortiori is this true where he fails to exercise common prudence and neglects to read an instrument which lay open before him when he signed it, and terms of which were unambiguous.</p>

Judges: Beaver, Cueriam, Porter, Reeder, Rice, Smith, Wickham

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