156 Pa. 276 | Pa. | 1893
Opinion by
This case was unfortunately tried on a wrong basis through
But it was not necessary to the validity of the agreement of May, 1892, that there should have been even a compromise of disputed rights. The parties to a contract may at any time rescind it, either in whole or in part, by mutual consent, and the surrender of their mutual rights is sufficient consideration.
That is what the parties did in the present case, and their rights must be determined exclusively by the agreement of May, 1892. All questions of defendants’ previously asserted right to rescind the first contract and the reasons for it, and of the value of improvements, are irrelevant. The parties have made a final adjustment of all these matters, and the original contract of 1891 is of no further efficacy except as a guide in determining how much was due under it for the logs and bark mentioned in the agreement of 1892.
The suit was properly brought by Flegal in his own name, as the agreement of 1892 was made with him, and he is entitled to recover under it whatever is due for logs and bark delivered, for the board of defendants’ men. at the agreed rate, if any board was furnished, and possibly for the failure to deliver up his bond, if any special damages can be proved. That is all there is left in the case. The statement includes all these items, and as it was not demurred to, the other matters in it may be treated as surplusage.
The view we have taken of the case renders many of the as'
Judgment reversed and venire de novo awarded.