Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1905-07-27

suit Is 70 De found an mistakes OF the
Law. Experience has proved that
the ablest men sometimes make blum
ders, and the law has decided that
a real mistake of fact in an impor-
tant part Of o contract viii excuse
the party mistaken from performing
bis part Of the agreement.
For instance, a man made con-
tract with an ice company and re-
fused to deal with another. When
the bill was presented he found that
the latter company had supplied his
ice. He refused TO pay the bill, and
it was decided that the mistake freed
him from liability.
A horse was sold by a trader and
paid for on the spot. While the trade
was going oh the horse died. The
buyer brought suit for money paid.
and IL was decided il should DO paid
back, since both parties had made q
mistakes ffact in supposing the horse
to be alive when the trade was ended.
III o farmer intending to sell hay,
sell oats by mistake instead. he may
refuse 10 deliver the oats on that
ground. Il sometimes happens that
O bill is paid with counterfeit bank
notes. In such case the payment
Is void and the receipt worthless.
A mistake in the quantity Of the
thing bargalned for is no ground for
breaking an agreement. II a man
buys a cheap thing, with the idea
that it will serve his purpose as well
as more expensive article, he can
not. because he was mistaken, send
it back and recover the money paid.
A mistake of law is no ground for
refusing to carry out a contract. This
rule is founded on the old maxim !:
Ignorance of the law doth not ex-
cuse." And every man is supposed
to know the law Of the land he lives
in.
Suppose . debtor gives his note,
promising to pay q 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 words are
used in contract, with q mistaken
idea of their meaning, they are bind
ing, in their legal sense, upon the
person using them.
II land is decided to a man and to
his heirs. he receives the estate alb
solutely, although both parties in
tended that he should only have the
estate during his own life.
Some mistakes Of law pct an end
to agreements on the ground that
they are rather mistakes of fact than
of law. An executor Of will pays
money to o person whom he thinks
is an heir. II the supposed heir be
an imposter, the money can be re-
covered. If. under a complicated
will, person buys rights which are
his already, he may get back what
be paid for them.
Mistakes OF law in civil cases only
cast money; but mistakes of the GRIM
inal law have more serious effects, in
the loss OF responsibility and repu-
tation. Here the plea of ignorance
OF the law will not be accepted. A
criminal must suffer the penalty of
his deed, though he thought it law
full when he committed the deed.
Formerly an outlaw might be slain
by anybody; but if a person should
now kill an outlaw. with the idea
that he had q right to do so, it would
be punishable as murder.
An old law book gives a curious
instance of the plea of ignorance.
Sir John Johnson, a Scotchman, was
tried for stealing and marrying one
Mary Wharton, an heiress, TO the
great displeasure of Almighty God,
to the great disparagement of said
Mary, and to the utter sorrow and
affection of her friends" When he
was found guilty and sentenced he
asked, with surprise, lift was q hang
ing matter. He was told that it was,
and he was sentenced and "execut-
ed on gibbet before his lady s door
in Great Queen street"