The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1883-04-07
THE LAW OF MISTAKES.

to be found in mistakes of the law, says
H0HhtS Companion. Experience has
proved that the ablest men sometimes
make blundcrs, and the law has decided
that a real mistake OF fact in an impor-
tant part Of contract will excuse the
party mistaken from performing his
part Of the agreement.
For instance, 4 man made 4 contract
with one ice company and refused to
deal with another. When the bill was
presented he found that the latter com
pany had supplied his ice. He refused
to pay the bill, and it was decided that
the mistake freed him from liability.
y horse was sold by 4 trader and
paid for on the spot. While the trade
was going on the horse died. The
buyer brought suit for money paid, and
it was decided il should be paid back,
since both parties had made mistake
of fact, in suppoSing the horse to be
alive when the trade was ended.
II farmer intending to sell hay, sell
oats by mistake instead, he may refuse
to deliver the oats on that ground. Ii
sometimes happens that bill is paid
with counterfeit bank notes. In such
case the payment is void and the receipt
is worthless.
y mistake in tic quantity OF the thing
bargaincd for is no ground for breaking
an agreement. Ii a man buys cheap
thing, with the idea that it will serve
his purpose as we'll as 4 more expensive
nrgs ssla h, L..
taken, send it back and recover the
money paid.
a mistake OF law is no ground for
refusing TO carry out contract. This
rule is founded on the old maxium
Ignorance ofihc law doth not excuse" "
And every man is supposed to know the
law of the land he lives in.
Suppose debtor gives his note, prom
ising to pay sum Of money with lawful
interest, thinking that the legal rate is
six per cent. II ten per cent. is the
legal rate, his ignorance of the fact will
not excuse him from paying the ten per
cent.
When well known legal wordsare used
in a contract, with 4 mistaken idea Of
their meaning, they are binding, in
their legal sense, upon the person using
them.
II land is decided TO 4 man and TO his
heirs, he receives the estate absolutely,
although both parties intended that he
should only have the estate during his
own life.
Some mistakes of law put an end to-
agreements on the ground that they are
rather mistakes of tact than oflaw. An
executor of awill pays money to a person
whom he thinks is an heir. II the sup
posed heir be an impostor, the money
can be recovered. Ii, under compli-
Gated will, person buys rights which
are his already, he may get back what
he paid for them.
Mistakes OF law in civil cases only
cost money but mistakes OF the Grim.
inal law have more serious effects, in the
loss OF responsibility and reputation.
iicIc the plea Of ignorance of the law
will not be accepted. \ criminal must
suffer the penalty of his deed, though he
thought it lawful when he committed it.
Formerly an outlaw might be slain by
anybody; but il 4 person should now
kill an outlaw, with the idea that he had
a right to do so, il would be punishable
as murder.
An old law book gives curious in
stance of the plea of ignorance. Sir
John Johnson, Scotchman, was tried
for stealing and marrying one Mary
Wharton, an heiress, "io the great dis
pleasure of Almighty God, to the great
disparagement of said Mary, and to the
utter sorrow and afiliction other friends. "
When he was found guilty and sentenced
he asked, with surprise, il it was a hang
ing matter. He was told that it was,
and he was sentenced and executed on
a gibbet before his lady's door in Great
Queen street.