Margut v. United Brethren Mutual Aid Society

Citations

• 148 Pa. 185
• 23 A. 896
• 1892 Pa. LEXIS 943

Syllabus

<p>Contract — Rescission—Laches.</p> <p>One who desires to take advantage of a change in the contract relation between them, made by the other party, must do so within a reasonable time. If ho continues for a long period to treat the contract as still in force, he will be bound by it, subject to the modification introduced.</p> <p>Mutual insurance association — Transfer of member to a different class— Acquiescence.</p> <p>Plaintiff having become a member of a mutual insurance association was assigned to a particular class therein, and continued a member of this class for thirteen years. Subsequently this class was dissolved, and the members distributed among other classes by a resolution of the board of directors, and a similar change was again made two years later. Notice of the action of the directors, was printed on the backs of the assessment notices. Plaintiff contiiiued to pay assessments for three years after the last change was made, and then brought suit to recover the amount of the assessments paid, alleging breach of contract on the ground that the assessments were rendered heavier by the change of her classification, and claiming the right to rescind.</p> <p>Held, that in consequence of her continuing to pay assessments for more than three years without protest, the defendant had a right to assume that she assented to the change; and, therefore that she was bound by the contract.</p>