Reed v. Horn

Citations

• 143 Pa. 323
• 22 A. 877
• 1891 Pa. LEXIS 926

Syllabus

<p>[To be reported.]</p> <p>(a) Plaintiff brought assumpsit to recover back a certain sum paid by plaintiff to defendant, in consequence of an alleged mutual mistake in carrying into effect a written contract for the amicable partition of a tract of land held by them as tenants in common. Deeds had been exchanged, and possession taken by the parties accordingly:</p> <p>1. The trial judge, satisfied as a chancellor with the sufficiency of the evidence, having submitted the case to the jury in a clear and comprehensive charge, accurately and adequately instructing as to the kind and degree of evidence required to establish the alleged mistake, as against the written contract, the judgment on the verdict for the plaintiff should not be reversed.</p>