99 Pa. Super. 158 | Pa. Super. Ct. | 1930
Argued April 23, 1930. The plaintiff, the Ferguson Packing Company, alleges that defendant entered into a written contract with it by which he guaranteed to pay all purchases made from it by a Mr. Fabina. The contract is under seal and its meaning is plainly expressed. The defendant claims that at the time he signed the paper, a representative of the plaintiff company told him that the paper was a statement as to the financial standing of Fabina which the agent wished to have to show to the "people in the office," and did not state anything about it being a contract involving any obligation on his part to pay. Defendant stated that he could read a little, but not sufficiently to get the purport of the paper, as it would take him a couple hours to do that.
The attempt of the defendant is not to alter or reform the written instrument, but to set it aside on the ground that it was procured by fraud. The court charged thrice in substantially the same language. "If the defendant was induced by fraud to sign this contract, relying upon what he says Clark told him the paper was — a mere summary of questions asked — and not a guarantee of credit — if he was imposed upon, deceived into signing the paper, he cannot be asked to pay. But he must satisfy you beyond a reasonable doubt of his contention for we have a situation here where the signing of the paper is admitted by the defendant."
The use of the words "beyond a reasonable doubt," *161
the appellant contends was error. He concedes that the authorities fix the standard in a case such as we have here, to be that the proof shall be "clear, precise and indubitable." There is authority for the employment of the words "beyond a reasonable doubt." In Young v. Edwards,
In Boyertown National Bank v. Hartman, 147, Pa. 558, Justice STERRETT quotes from Ott v. Oyer, supra, and has this comment, "what is meant by indubitable proof in connection with such cases is evidence that is not only found to be creditable but of such weight and directness as to make out the facts alleged beyond a reasonable doubt." In Snyder v. Phillips,
The objection is made that the lower court did not elaborate on the expression "beyond a reasonable doubt." The answer to this is that no request to that end was made.
The judgment is affirmed.