Sharp v. Behr

Citations

• 117 F. 864
• 1902 U.S. App. LEXIS 5146

Syllabus

<p>1. Equity—Evidence to Overcome Answer—Testimony of Wife.</p> <p>Under the law of Pennsylvania, the testimony of a wife, supporting that of her husband, to a fact denied by the answer, is entitled at least to the weight of a corroborating circumstance, which is sufficient to satisfy the equitable requirement.</p> <p>2. Reformation of Contract—Mistake—Laches.</p> <p>One who seeks to reform a contract on the ground of mistake should act promptly, and, if there is any great delay, he is called upon to explain and excuse it. Lapse of time is a serious obstacle to the attainment of truth, and parties are entitled to its quieting effect on possible litigation.</p> <p>8. Same—Construction.</p> <p>Plaintiff was superintendent of a garnet mine belonging to the defendants, and was himself the owner of another mine adjoining, which he was induced to convey to them. As part of the consideration, he claimed that he was to be retained in his position as superintendent, for 20 years, at a salary of $20 a week, which he was then receiving. This was not expressed in the written agreement between the parties, and, according to the preceding-parol understanding set up, he was merely to be retained, at the salary he was then receiving, for a term of years to be afterwards agreed upon. Held, ,that this was too indefinite and incomplete to warrant a reformation of the contract; nor was it helped out by a provision in the contract that the royalties on ore mined there stipulated for should continue for the term of 20 years, unless the plaintiff should voluntarily leave his employment; nor by the further provision that they should be paid to his wife at a reduced rate—one-half—in case of his death during that period.</p> <p>4. Contract'to Pay Royalty on Ore Mined—Construction.</p> <p>By a written contract plaintiff agreed to convey to defendants a farm on which was a garnet mine, and which adjoined property on which defendants were also working mines. In part consideration for the convey