Richards v. Richards

Citations

• 135 Pa. 239
• 19 A. 1077
• 1890 Pa. LEXIS 1178

Syllabus

<p>(«) A husband signed an agreement with his wife, engaging to treat her kindly and to permit her to do certain things, and acknowledging that he had received from her the sum of $360, which he had used in paying for his property.</p> <p>(6) That acknowledgment was followed by these words: ‘ ‘ for which I hereby confess Judgment with Interest and Costs and release of errors Should I violate the above agreement, and Give the annexed bond for the faithful performance of my part of the foregoing.”</p> <p>(c) Upon another page of the same sheet of paper, he signed a bond in the penal sum of $720, conditioned for the payment to his wife of $360 and the performance in good faith of his agreement with her bearing even date therewith:</p> <p>1. Construed in accordance with the evident intention of the parties, and in such a way as to give effect to the confession of judgment, the agreement did not make the confession operative only in ease of a violation of the other stipulations.</p> <p>2. Wherefore, the confession being a complete and absolute one, and showing on its face a definite amount due, the instrument authorized the entry of judgment thereon by the prothonotary, under the act of February 24, 1806, 4 Sm. L. 278.*</p>