Muehlhof v. Boltz

Citations

• 215 Pa. 124
• 64 A. 427
• 1906 Pa. LEXIS 747

Syllabus

<p>Equity — Contract—Rescission—Discovery—Costs—Dismissal of bill.</p> <p>Where a bill in equity for the rescission of a contract by reason of fraud fails as a whole, but a portion of it is sustained as a bill for discovery, the bill may be dismissed with costs imposed upon the defendant.</p> <p>Equity — Equity practice — Amendment of bill.</p> <p>Where an amendment to a bill in equity is moved and objected to and the hearings continued without any disposition of the amendment having been made, the court will not allow the amendment after the hearings have been closed.</p> <p>Contract — Rescission—Laches.</p> <p>The rescission of a contract must be applied for promptly and if possible while the parties can be restored to their original position.</p>