The home journal. (Winchester, Tenn.) 1858-188?, 1883-01-17
Tho Law Of Mistakes.


to be found in mistakes. These are Of
two kinds mistakes OF fact, and mis-
takes of law. Experience has proved
that the ablest men sometimes make
blunders, 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 agreement.
For instance: 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. lie refused
10 pay the bill. and it was decided that
the mistake freed him from liability.
A horse was sold by q trader and paid
ior on the spot. While the trade was
going on the horse died. The buyer
brought suit for the money paid, and it
was decided it should DO paid back,
since both parties had made mistake
of fact, in supposing tho horse 10 be
alive when the trade was ended
If farmer intending TO sell hay sells
oats by mistake instead, he may refuse
to deliver the oats on that ground 1t
sometimes happens that bill 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
bargained for is no ground for break
ing an agreement. II man bus n
cheap thing, with the idea that it will
serve his purpose as well rs u more OK
pensivo article, he can not. because he
was mistaken, send it back and recover
the money paid.
a mistake Of law is no ground for re.
fusing to carry out u contract. This
rule is founded on the old maxim, "Ig-
norance OF the law doth not excuse"
And every man is supposed 10 know tho
law of the land he lives in.
Suppose n 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 mistaken idea oil
their meaning, they are binding, in their
legal sense, upon the person using them.
If land is decided TO man and to his
heirs, he receives the estate absolutely,
although both parties intended that he
should only have tho estate during his
own life.
Some mistakes of law put an end 10
agreements on the ground that they are
rather mistakes of fact than of law. An
executor of will pays money to per-
son whom he thinks is an heir. Ii the
supposed heir re an impostor, the money
can be recovered If. under II compli.
Gated will, person buys rights whicl
are his already, he may get back VIVA
he paid for them.
Mistakes of law in civil cases onl,
cost money; but mistakes OF the crimi
nal law have more serious effects, il
the loss Of responsibility and reputation
Hero the plea OF ignorance of the lay
will not be accepted. A criminal mus
suffer the penalty of his decd, thoug
he thought it lawful when he commit
| tcu II.
Formerly an outlaw might be slain b,
anybody; but II private person shoul'
now kill m outlaw, with tho idea tina
he had right TO dose, it would be pun
ishable rs murder
An old law book gives 4 curious in
stance of the plea OF Ignorance. ii
John tombstone, Scotchman, wa
tried for stealing and marrying on
Mary Wharton, an hciress, "to tn
great displeasure of Almighty God, t
the great disparagcment OF the sal
Mary, and to tho utter sorrow and u
fiction of her friends" When he wa
found guilty and sentenced, he as[et
with surprise, If it was u hanging ma
ter. He was told that it was, and h
was sentenced and "exccuIed ON II gil
bet before his lady door in Great Quce
Street."
Happily the days of harsh and cruz
laws are past, and penalties are no'
imposed to reform the offenders rathe
than to avcnge the oiicnse. - Yoath'
Companion.