Leopold v. Schneck

Decided May 11, 1885

Supreme Court of Pennsylvania · decided 1885-05-11

No. 402 January Term, 1885. Error to Common Pleas of 'Schuylkill County. The facts of the case appear in the opinion, per Pule to show cause why judgment '■ of non-suit should not be set aside. The plaintiff instituted this suit to recover a part of the pur•chase money paid to the defendants as the consideration of a certain timber right. He claims he purchased said right by the acre and paid for more acres than the tract actually contains.

Decided 1885-05-11

¶1The Supreme court affirmed the judgment of the Common Pleas on May 11th, 1885, in the following opinion:

Per Curiam.

¶2There was no fraud in this case. It was a mutual mistake as to the number of acres. The conveyance was the consummation of the purchase. Mere mutual misapprehension is not sufficient ground to recall a contract which is fully executed. In the present case there cannot be a recovery by the plaintiff for a deficiency of quantity, nor could there have been by the defendants had there been an excess.

¶3Judgment affirmed.