Zentmyer v. Zentmyer

Citations

• 69 Pa. Super. 496
• 1918 Pa. Super. LEXIS 116

Syllabus

<p>Contract — Gompromise agreement — 0onsideration.</p> <p>Where a' dispute exists and the parties enter into an agreement for the purpose of settling the dispute, they will be bound by the agreement, unless there was some fraud used by one party. It will not be sufficient to avoid such agreement that it is afterwards discovered that the better right was in one of the parties.</p> <p>The sufficiency of the consideration for a compromise is not to be determined by the soundness of the original claim of either party. The very object of the compromise is to avoid the risk or trouble of that question.</p> <p>Auditor — Auditor’s findings of fact — Review.</p> <p>An auditor’s findings of fact based upon sufficient evidence will not be reversed in the absence of manifest error. •</p> <p>Statute of frauds — Agreement in writing — Supplemental parol agreement — Consideration.</p> <p>Where the material part of an agreement relating to real estate is in writing, and a supplemental oral agreement effects only the consideration, no question under the statute of frauds arises as to the supplemental agreement.</p> <p>Appeals — Question not raised in court below.</p> <p>A question not raised in the court below will not be considered on appeal.</p>