The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1883-01-18
The Lnw OF Mistakes.

The source Of almost every lawsuit is
to be found in mistakes. These are Of
TWO kinds, mistakes of fact, and mis-
takes of law. Experience has proved
that tho ablest men sometimes mako
plumbers, and the law has decided that
real mistake of fact in an important
part OF a contract will excuse the party
mistaken from performing his part Of
the agreements.
For instances: man made contract
with one ice company and refused 10
deal with another. When the bill was
presented he found that the latter COM
pany had supplied his ice. Ho refused
TO pay the bill, aud it was decided that
the mistake freed him from liability.
A horse was sold by trader and paid
Tor on the spot. While tho tyade was
going on the horse died. The buver
brought suit for the money paid, and it
was decided it should be pail back,
since both parties had made mistake
OF fact, in supposing the horse to be
alive when the trade was ondcd.
II farmer intending to sell hay sells
oats by mistake instead, he may refuse
to deliver the oats on that ground 1t
sometimes happens that bin is paid by
mistake with counterfeit bank notes.
In such case the payment is void and
the receipt taken is worthless.
"A mistake in the quality of the thing
oargalned for is no ground for break
ing an agreement II man buys a
cheap thing, with the idea that it will
serve his purpose as well as q moro ex-
pensive article, he can not. because he
was mistaken. send it back and recover
tho money paid.
a mistake of law is no ground for re-
1uSlng to carry out contract. This
rule is founded on the old maxim, "Ig-
norance of the law doth lot cXcusc.h
And every man is supposed to know the
law of the land he lives in.
Suppose debtor gives his note,
promising to pay sum of money with
lawful interest, thinking that The legal
rate is six per cent. If 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 words are used
IN contract, with n mistaken idea of
their meaning, they are binding, in their
legal sense, upon the person using them.
II land is decided to q man and to his
heirs, he receives tho 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 fact than of law. An
executor of q will pays money TO Il per
son whom he thinks is an heir If the
supposed heir be an impostor, the mono Y
can be recovered If, 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 crimi.
nal law have more serious effects, in
the loss of responsibility and reputation.
Here the plea of ignorance of the law
will not be accepted. A criminal must
suffer the penalty of his decd, though
nc thought it lawful when he commit
ted it.
Formerly an outlaw might be slain bv
anybody; but if private person should
now kill an outlaw, with the idea that
ne had right to do so, it would be pun
lshable as murder.
An old law book gives curious in
stance OF tho plea OF ignorance. Sir
John Johnstone, Scotchman, was
tried for stealing and marrying one
Mary Wharton, an heiress, ito tho
great displeasurc of Almighty God, to
the great disparagemcnt Of the said
MARY, and to tho utter sorrow and af-
fiction of her fricnds.n When he was
found guilty and sentenced, he asked,
with surprise, If it was hanging mat
ter. Flo was told that it was, and he
was sentenced and "eXecutcd on n rib-
bet before his lady door in Great Queen
Street."
Happily the days of harsh and cruel
laws are past, and penalties are now
imposed to reform the offenders rather
than to avenge the oifcnse. - YOUTHS $
Companion.