89 N.J.L. 251 | N.J. | 1916
Lead Opinion
The opinion of the court was delivered by
This is an action for personal injuries under the Federal Employers’ Liability act. The defendant relied upon' a release under seal. The plaintiff replied that the release was procured by fraud. The defence of fraud is available where one is induced thereby to sign a written instrument, even though he has ability and opportunity to read it. Alexander v. Brogley, 63 N. J. L. 307; Aldrich v. Peckham, 74 Id. 711, 716; Dunston Litho. Co. v. Borgo, 84 Id. 623. The exception where the situation imposes upon the signer a duty toward third persons (Williams v. Leisen, 72 Id. 410) had no application to the present case where only the plaintiff and defendant are concerned. Dunston Litho. Co. v. Borgp is sufficient authority for holding the defendant liable for the fraud of its agent where it seeks to avail itself of his acts. The only charge of fraud that we think important is that the agent of the defendant represented that the paper to be signed provided for the plaintiff’s future employment. This was not the fact, and since the trial judge directed a verdict for the defendant, we must determine whether the evidence to that.effect made it necessary to submit the question to the jury. This depends upon whether the evidence tended to
We think there was evidence of fraud in the execution, which should have been submitted to the jury. The judgment is reversed, without costs, and the record remitted for a new trial.
Dissenting Opinion
(dissenting). In a court of law the terms of a written contract cannot be varied by parole testimony, hence, the fact that by reason of false representations made to the defendant the terms of his contract are not as they were represented to him cannot be dealt with by a court of law.
If the defendant’s contract lacks certain terms it was represented to contain, his remedy is in equity; it is only where what was signed by the defendant was not a contract, if the representations made to him were true, that a court of law deals with the question of fraud.
The cases dealt with at law, therefore, are those in which the writing signed by the defendant was represented not to be a contract although in fact it was one; the eases dealt with in equity are those in which the writing both purported to be and in fact was a contract, but did not express the terms it was represented to contain. In fine, the courts of law deal only with the question of contract or no contract, whereas, the Court of Chancery considers whether it is equitable that the contract should be enforced without reformation.
-This distinction, which is made by our cases, was clearly appreciated by Judge Speer at the Circuit and correctly applied.
The judgment of the Supreme Court should be affirmed.
For reversal—The Chancellor, Chief Justice, Swayze, Parker, Bergen, Minturn, Kalisch, Black, White, Hep-pent-ieimee, Taylor, Gardner, JJ. 12.