Fitzhuch v. Runyon

Headnote

Panl proof to show a mistake in a note or written agreement, is inadmissible.

IN error, from the court of common pleas of Tiosra ’ r ° County.

„, , , lhe declaration in the court below contained two counts. The first count was on a note-or agreement in writing, dated the 6th March, 1809, by which the defendant, in consideration of a horse, promised to pay the plaintiff SO dollars, in good merchantable pork, at the price of IS dollars per barrel, or in neat cattle at the appraisal of men, on the 1st day of January, 1810, to be delivered at the then dwelling-house of the said Fitzhugh, at, &c. There was also a count for money had and received. The defendant pleaded non assumpsit.

At the trial, the defendant offered to prove that there was a mistake in the note, the time of payment being in January, 1811, instead of January, 1810. This evidence was objected to, but the objection was overruled;'- and the person who wrote the note at the request of the parties, proved that the agreement was, that it was to be made payable in January, 181-1, and the jury, under the direction of the court, found a verdict for the defendant, oil which judgment was rendered. A bill of exceptions was tendered, on which a writ of error was brought; and the cause was submitted to the court, without argument.