Shields v. Hitchman

Citations

• 251 Pa. 455
• 96 A. 1039
• 1916 Pa. LEXIS 485

Syllabus

<p>Contracts — Variation by parol — Mistahe—Agency—Unauthorized acts of agent — Ratification—Judgments—Opening of judgments.</p> <p>1. A mistake of legal rights, when everything is known to both parties; is not relievable in equity.</p> <p>2. A party seeking to charge a principal for the act of an agent must bear the burden of proving the extent of the agency.</p> <p>3. Where the relation of principal and agent exists, before an unauthorized act of the agent can be ratified by the principal, the principal must have full knowledge of all the facts and circumstances attending the act; the question of ratification cannot arise in the absence of proof that the principal had knowledge of such facts.</p> <p>4. The purchaser of eertáin land gave in part payment therefor a bond and mortgage; the bond stated “it is expressly understood that the lien of this bond shall be limited to the following described real estate,” and described the land purchased. The vendors of the land were represented in the negotiations and settlement by an agent. Judgment was subsequently entered on the bond by virtue of the warrant of attorney attached thereto. The judgment defendant obtained a rule to show cause why the judgment should not be opened and execution limited to the property described in the bond, alleging that there was a parol agreement that the obligees in the bond were to look only to the mortgaged premises for security, but that by mistake such agreement was not included in the bond. It appeared that the agreement relied on was not made at the time of the execution of the bond, but several days prior thereto. There was no evidence that the vendor’s agent had any authority to make any such agreement. Meld, the lower court did not err in discharging the rule.</p> <p>Equity practice — Masters—Examiners—Evidence tahen by examiners — Appeals.</p> <p>5. The offices of examiner to take testimony and master in chancery have been abolished, save in certain cases; but where the Court of Co