Thayer v. Seep

Supreme Court of Pennsylvania

Thayer v. Seep

31 A. 1072, 168 Pa. 414, 1895 Pa. LEXIS 813

CourtSupreme Court of Pennsylvania

DecidedMay 20, 1895

DocketAppeal, No. 292

StatusPublished

This text of 31 A. 1072 (Thayer v. Seep) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thayer v. Seep, 31 A. 1072, 168 Pa. 414, 1895 Pa. LEXIS 813 (Pa. 1895).

Pincite

Opinion

Per Curiam,

In construing the contract in question, as the same is written, the learned court was clearly right. The only question is whether the testimony — introduced by plaintiff for the purpose of reforming the instrument so as to make it read as he claims the parties intended, — is of that clear, precise and satisfactory character that is required in such cases. We think the learned judge was right in holding that it was not, and hence there was no error in withdrawing it from the consideration of the jury and directing them to render a verdict for the plaintiff in accordance with the contract as written.

Judgment affirmed.

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Per Curiam,

In construing the contract in question, as the same is written, the learned court was clearly right. The only question is whether the testimony — introduced by plaintiff for the purpose of reforming the instrument so as to make it read as he claims the parties intended, — is of that clear, precise and satisfactory character that is required in such cases. We think the learned judge was right in holding that it was not, and hence there was no error in withdrawing it from the consideration of the jury and directing them to render a verdict for the plaintiff in accordance with the contract as written.

Judgment affirmed.

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Bluebook (online)

31 A. 1072, 168 Pa. 414, 1895 Pa. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thayer-v-seep-pa-1895.