McKibben v. Doyle

Citations

• 173 Pa. 579
• 34 A. 455
• 1896 Pa. LEXIS 745

Syllabus

<p>Payment — Mistake of fact.</p> <p>Money erroneously paid under a mutual mistake of fact may be recovered, and the mere omission to take advantage of means of knowledge within the reach of the party paying does not prevent such recovery.</p> <p>Mutual mistake of fact — Payment for party wall.</p> <p>The defendant claiming the whole of a party wall obtained an injunction restraining the adjoining owner from using it without making compensation. After the injunction had issued the adjoining lot was sold at sheriff’s sale and the title became vested in plaintiffs who tendered to defendant the cost of the party wall. Defendant declined the tender unless plaintiffs would pay the costs in the injunction suit. She then sought by rule to bring plaintiffs into the proceedings against the former owner, but her rule was discharged. About five weeks afterwards, at defendant’s request, plaintiffs paid her for the wall. It was subsequently ascertained that defendant’s grantor had reserved the party wall and that she had no title to it. Held, (1) that the payment had been made under a mutual mistake of facts; (2) that it was not made in settlement of litigation; (3) that plaintiffs were entitled to recover from defendant the money which they ■had paid her.</p>