Yerkes v. Richards

Citations

• 153 Pa. 646
• 26 A. 221
• 1893 Pa. LEXIS 1163

Syllabus

<p>Contracts — Mutuality—Married women — Equity.</p> <p>Where there are mutual covenants stipulating reciprocal benefits in an executory contract, and where one of the parties who is a married woman, under disability, has performed her part of the contract, equity will compel performance on the part of the other.</p> <p>Option to buy land — Married women.</p> <p>An agreement by which the owner of land gives to another the right to buy the land on or before a certain day, and declares that if the option is not exercised there shall be no right of action against the person to whom the option is given, does not lack mutuality in the sense of equality of benefit. Nor where such a contract is signed by the grantor alone and the person in whose favor the option is made is a married woman, is there any want of mutuality in the remedy.</p> <p>Parties to action — Agent—Amendment—Reversal with new venire.</p> <p>Where the Supreme Court reverses a judgment with a new venire, it is immaterial whether the action brought in the name of an agent is in proper form, as the record can be amended in the court below.</p> <p>Assignment of error — Exception to judgment of nonsuit.</p> <p>An objection to an assignment of error, that no exception was taken to the judgment of the court refusing to take off nonsuit, will not be noticed where the exception in form has been filed since the record was made up in the common pleas.</p>