Snyder v. Phillips

Citations

• 25 Pa. Super. 648
• 1904 Pa. Super. LEXIS 133

Syllabus

<p>Evidence — Parol evidence — Reformation of written instrument — Mistake.</p> <p>In order „to alter a written contract by adding a stipulation, alleged to have been omitted, there must be clear, precise and indubitable evidence that it was the understanding of both parties that it should be inserted in the writing. To reform the written agreement on the ground of fraud or mistake the evidence must be clear, precise and indubitable.</p> <p>If the evidence produces a clear conviction, without hesitancy, of the proof of the precise fact in issue it is sufficient; the law does not require proof so convincing as to leave no doubt resting on the minds of the jurors; it is enough if there be evidence to satisfy an unprejudiced mind beyond reasonable doubt.</p> <p>A gas lease contained the following clause: “It is agreed that if gas is found, in paying quantities, the consideration for each well shall be the sum of four hundred dollars payable quarterly in advance.” The lessor signed the lease without reading it. He subsequently claimed that' the words “ per annum ” had by mistake been omitted after the word “ dollars.” The lessee denied this fact wholly and unqualifiedly. The court gave proper instructions as to the measure and quality of oral proof necessary to reform a written instrument. The jury found a verdict for the lessee. Held, that a judgment on the verdict should be sustained.</p>