C VOI. LXXY. AND ANNA BIBLE VS. Borovan or CENTRE HALL. Lizzie Binns in The decision } Inthe Court of Common Pleas of Centre County, J No. 278, August Term, 1900, full and verbatim entered into a written agreement with the Borough of Centre Hall whereby the said borough acquired “the right to take all the water and to exclusive- ly appropriate the same (save as here. inafter excepted and reserved) upon all that certain tract and piece of land sit- uate in Potter township, Centre coun- ty, Pa '" accurately described by ad- Joiners containing seventy-six sercs, more or less. For this right the borough agreed to pay a rental of fifty doliars per year for five aud thereafter of seventy-five dollars per year for the balance of a term of nine- ty-nive years, Io addition to the pay- ment of this sum the borough agreed to build a reservoir for the use of the plaintifls, and fo Iny certain pipes, ete For two years the borough paid the sum of fifty dollars in advance under the agreement. It refused to pay the third year, and refused to lay pipes and make the o'her constructions The plaintiffs now sue for the for down and years, as agreed reut for the third year and ges for the failure to put pipes. The amount in dispute agreed by the parties to be $149 25 dam- the Was vg i At the trial the plaintiffs proved the agreement; the failure to pay the rent and to make the constructions tracted for; and that the defendant had con- laid pipes on an adjoining farm, tak- ing water therefrom, and by means of ditches aud pipes had, without enter ing upon the plaintiff's property, ab- stracted water therefrom. The de- fendant borough by indefinite testimony challenged that water was taken from the plain- tifl’s farm. the unimportant to its preseat determina- tion. SOne the allegation case is This phase of The defendant then offered to prove that anterior to the lease or agre ment a committee of the borough council in- vestigated the amount and location of the water on the plaintifi’s property; that a spring, called by the defendant, the Laurel Spring, was pointed out by erty: that one, Riter (a member of the council) ‘represented to the said com- mittee that be knew that this particu- lar spring was upon the Bible pre per- ty, and that be had authorized by the owners of tLe show it to the that n other water upon the farm was suffi- been ible farm to committee" 0 cient in quantity and elevation to be of value to the borough; that the plaio- tiffs contended and represented “so far as the borough kuew,”” that the said spring belonged to their property; that the first two annual payments of rent were made upon the belief by the bor- ough that the said spring belonged to the plaintiil; that at the time of lay- ing the pipes to the said spring one of the plaiotifls gave that the spring and the water therefron be- longed to the plaiatiffs, and required the borough to comply with the lease; Lhat the Jease was executed by the bor- cugh on the belief that the said water and spring belonged to the plaintiffs and that the borough was purchasivg the said water from the plaintiils and that the contract was not entered into by the borough for any other reason or upon any other conditi nn; that sub. sequent to the payments of rent the borough wus notified by one, Bruss, that the water and the spring were up- on the Druss furm, and that the bor- notice the borough by survey discovered that the claim of Bruss was correct, and that the borough is ‘‘not using any water from the Bible furm, nor intend to.” This offer was excluded. As no further evidence was submitted, the Court directed a verdict for the plain: tifls.” The exclusion of the offer and the directed verdict are the bases of complaint hereof. If the off:r was properly excluded there was no course open to the Court but to direct a ver- diet. The question is narrowed then to the ruling upon the offer, The first item of the offer is seen to be to prove representations ou behall of the plaintifls that a particular spring was upon their tract and that these represents « induced the contract But the uiter include any propositiou to prove the authority to the alleged agent making such repre sentations, save us they might appea: by his own declarations. Enough ou this point. The appellant construes the the offer to be to prove a mutual mistake of fact at the exe ‘ution of the contract by reason whereof the coutract should be rescind that the spring (called appellant the Laurel Spring upon the Bible farm, whereas it was upon the Brus furs. The geperal rule is that an ac dove or a coutract made under a mis take of a material fact, is voidable aud in equity. jut the fact must be material to the act of contract, “for though there may be an accident al mistake, or uout aus balance of ed. The mistake alleged is, by the was relievable iguorance of the fact, yet if the act or coutraet is not materi ally aflected by it, relief will not be granted.” Riegel va, Ins. Co., 153 Pa 147, Assuming that a mistake, reliev- able in equity, is admissible as matter of defence, iu 8 commen Jaw action, the defendant does not explicitly off.r to prove a mutual mistake, Further plaigtifls showed in eflect that the spring (called by the defendant the laurel Spriog kuew of no spring Ly that vame, ang thal they never represented or assert ed that the spring described by the de fendant was upou their property. This the oiler does not in terms propose to contradict. Again, the coutract whict the defendant executed and de sires 10 rescind, itself does not purpon 10 be u lease of auy particular spring The existence of the sprig describeo by the defendant is not a fact upon which the contract by its terms in any way depends. The language is gener- ul. The lease is of all the water upon the laud of the plaiotifls, and, as ap- pears by all of the testimony, there are several sources of water supply upou the land. As the mistake offered to be proven is not of a fact which one of hie purties asserted, believed or as- sumed when the contract was made, mutuality is absent, it is of a fac: not matetial to, or of the essence of, the contract executed, another defect, equally fatal, appears in the offer. The proposition iu this case is rather to prove a mistake made by the borough than a mistake common to both con- tracting parties. Had the learned tri al judge given some intimation of the reasons which induced his action tak- en in this case, we would have experi enced less labor io its review. What. ever his reasons, he reached a right re sult. Tue judgment i+ affirmed. now As H. E Harshbarger, of Mills, was io‘town Saturday evening, and ealled around to see the Reporter, Mr. Harshibarger is in the thieshing business, but stroked off the last bushel of the 1901 erop some time agr, makes weekly trips to doing a regular huckster business, Lewistown, He and that great preparations are (%ing made for building operations next summer, during the sixties stood to the guns in defence of Uncle Bam's striped breeches, called at these quarters Batur- day. Mr. Harper, it will bs remember- ed, last summer by fire soflered the loss of his home along the pike. The fores. fires of 1001 will never be forgotien Ly the old soldier, Jacob 8B. Auman, of Potters Mills, drove to Centre Hall Saturday to ate tend to a bit of business of luterest to both the Reporter and himself, Mr, Auman is the all ’round man of the Richtley Bros. —Luilds tram rosds, re pair trucks and a host of like things that look easy, yet mu 4 be understood todo properly. The Riehtley Broth ers, he says, are doing a big business, M. L. Emer'ck is a juror this week, representing the borough in that ca pacity. : George EE Heckman, farmer west of town, was oue of the Saturday evening callers. Sheckler’s moving pictures Saturday night were appreciated by those who saw them, The “ground hog" saw his shadow Bunday, and now, it is said by tradi tion, six weeks of stormy weather are to follow, Thomuss A. Bennage, of Centre ‘Hall, is looking for a home. He would like to buy a property with twenty or more acres of tillable land, Sunday and Sanday night it was unusually stormy, The snow Was driven at a furious rate by the wind. There was little travel; little church going. | Bpecial services will be held In the Presbyterian church of Spring Mills | during the week beginning February 9th, closing with the celebration of | the Lord’s supper on Sunday, Febru- | ary 16th, at 230 p. m. The Rev. John | T. Beott, of Bellef inte, will 1 asist the | pastor during st least prt of the week, All are cordially invited, i TOWN AND COUNTY NEWS. pointed state librarian for three years, Dr. Reed is president of Dickinson College, granted a pension of $30 per month and Charles F. vomick, of Abdern, one of §8 per month. Constable W. H. Runkle and James C. Runk'e, of this place, Tuesday went to Williamsport, where they will visit their sister, Mrs, Shreffler, Mr. and Mrs. Lycurgus C. Lingle, south of Centre Hall, tonight, Thurs day, will entertain a number of their the valley. at Btabenville, Ohio, which the Brothers exp ‘et to occupy before long John B. Hagen, contractor and 5 town Thursday of last week on the of which will he found, a notice foundelsewhere, Mrs. Miller, of Rev, Miller, decesred, of Johnstown, arrived in Millheim last week, and will spend he remainder of the laughters, Mrs. C. Mrs. M. C. Gephart. H. G. Strobmeier, marble cutter in wife H. Morris and aear Balooa, to mark the last rest ing place of Mr. and Mrs line, who died in Mrs. J. B. Lenin 18G7 WMILOVO, $83, Robenoit, liv on the ing with smallpox. She had gone to ity hospital to have an operation per the physicians discovered her to Ix «fMicted with smallpox. At her home one of the children also has smallpox Friday afternoon B. D. Brisbio, of this place, started for Hartford, Conn, at which place he will for a week. He will ed home by his wife in reman be accompani- a few daughter, Mrs. H. J. for the past two mouths, J. M. Moyer, of Tusses town Haturday. smith and hustler all foon, ville, was in and He builder, ‘round, wagon the way un flairs f a to to administer the s state like Pennsylvania, according honest in the Bible va. Centre Hall Boro., volving claim for rental, handed down by Justice Wm. W. Porter, published in full in this issue. The opinion given is the opinion of the justice, in his words, ex- in as is and not an ra Grossman, of Penns Cave, took advantage of the good ‘sledding Satur. day and made a trip to Centre Hall, » point not often reached by him. Mr tirossman lives on the Mingle-Arney peach farm, on the North side of Blue Jall, and is anxiously awaiting the opening of the pink peach blossom. For the past year the price of butter has been higher than for years. The advent of the modern creameries, such a8 are conducted by the Howard Creamery Co., has been largely respon. sible for good prices for the produet of the cow, at the same time immessure ably improving the quality of butter placed on the market, W. C. Bunnell, the music dealer, of Milroy, had an upset near Foster Fraziet’sat Colyer, His sled was loaded with an organ, aud io his endeav- or to avoid passing over crushed stone, his sled struck the edge of a small bridge, which tilted. Little damage was done, the team soon being crptured by J. 8. Housman, E«q, who perform. ed the same feat twice before for the “organ man.” George W. Spangler, of Tussey ville, who like pure wine seems to improve with age, graced the Reporter with his presence.’ Mr. Bpangler gives good council to Potter township Democrats, by saying that the ticket in the field should have their united support, be- cause, if for no other reason, had other candidates been successful, they would have desired the same support. That is pure Democratic reasoning, and will undoubtedly prevail. G. Howard Rishe!, who for some year's has been located in New York City, is back in Pennsylvania, having settled in Athens, Bradford county, with his wife, aud is doing busines for the North Western Life Insu Co., of Milwaukee. Mr. Rishel is well will beglad to know that pering in the josurance bus which line of work he is weil fitted, is pros ’ | COUNTY COURT NEWS. | aS REPORTED BY J. VICTOR ROY ER, ESQ | Court convened on Monday at 9. a ing. The | were of i following BSherifl’s fered ; [ Trust Co., continued until next W d- nesday, | Cyrus Brumgart to Clement Dale, | acknowl! The {was Robert Kiokead edged. first case I { Pierce, both parties from Philipsburg After vs. Rosa the jury was sworn spd cus {the record. The defendant | the cost of the plaintiff, { Ib the | Fleck the case A. “nn afternoon ve. Valentine up. This |divorce, The suit wus bre i i taken Wis action fin nght under The { charge and | ment, evidence sustained the | plaintifl Judge Met lure, | district, who was of the called for at 4:15 p. m | took the bench in the case of Henry J cases, arrived | Rothrock vs. Thomas Rothrock. | Tu 1878 a confessed judgment was en- { tered Rothrock. was grauted to 5 against Thomas i 1901 & rule show Cillne {why the judgment i} pened, This is the trial of the issue. ALUESDAY MORN] Cotirt convened g with Judge Me It Arbitration $49 ure Judge oun and { r re { Court Roth F FTOCK was Fhomas Hotline It | fense that th 4 in 187 gr 1s . t ¥ Higieral security for recognizane cisimed that it four 105 plaintifl | RIVED as security | Henry Rothrock to Thomas Bothro i the expenses of trial. {eo Was given in the bar-room of Wn bear | nots | Clearfield House, in Lock H aven, dur jing the first evesing of the trial. Judge Love presided in the case ( the B Af i Gephart ve, «1 1 R. Co. Thuis | pass brought f by Mr. Gephart is an action of tres r in duinages a Railroad . he Bellefonte Central, Februar: eos IV on t i $ 100 1 his left ed. iin AriL Was s by whic r Mr. ff Bellefoute, f ij £s pusrt is deales Milibeim 'n ta record Was the music rmerly of the Pp aintifl Aion di { covered, snd the plaints moved | Aller part of i f {was in, a defeel iu the stnend., The denfeuse plead sITPTine | and the case was continued at the tiff pi of the i lain Nearly the whole of Wednes lay was taken Gp with the Rothrock case, Af - er hard legal contests as to the admis sibility of evidence, the case weat lo the jury. Another jury was called into the box and the case of the Lehigh Valley ‘oul Co. va. Jacob F. Folmer, admin- istrator of Patrick Ward, deceased, ot al, was taken up. Court then adjourn. ed until Thursday at 9 a. m., the case was resumed. The jury in the Rothrock ease brought in a verdict fur the defendant. The Kulp-Hough cases were contin ued on account of the sickness of sn fuportast witness, Se imsm— A —— fp co LOCALS, Prof. Crawford's music class opened Tuesday eveniog in Grange Arcadis, John Miller, of Dubois, former barber in this place, arrived Tuesday evening. Mr. aud Mr. George Weber, of Lock Haven, who had been visiting Willis Weber, at Rebersburg, returned to their home Thrsdav, Mrs. Bamue' Gross fr tho past for r weeks has been suffering greatly from a bealing on ber face and neck, esuscd first by a decayed tooth, Edward Lucas, who isemployed in a large clothing store in Puiladelphia, after spending a week with his parents at Centre Hill returned to his past of duty, Woodward's seals will be the next big attraction tv be seen at Keith's Theatre, Philadelphia, and the Eng. lish Pouy Bait, whieh will be seen for the first time in Philadelphia. F. B. Mills, seedsman, Rose Hill, N. Y., offers 110 varieties of vegetable and flower seeds to every one that sends twelve cents, together with the names and addresses of three friends who are likely to plant seeds, On Tuesday evening Clark Carson brought a sled load of little girls from Bellefonte to the home of Mr, and Mre, John W. Conley, east of Centre Hall. They were, Misses Nellie Cou- ley, Helon Moore, Margery Lyon, Sa- rm Mi Clure, Louise Brachbill, Bettie Orvis, Grace Dale, and May Brown, They were chaperonsd by Mr. and Mrs J. Will Cou'ey and Miss Pea:l. when NC). 6. There are still quite a number of [ Centre county people in Btephenson { county, Ilinois, of whom nothing has { been sald jo | tions, who are prosperous acd deserve Dr. C. P. Leitzell, of Cedarville, 111 § {a ifi= He 8 one of the leading physicians of the with his her located at his present home. prac. Finapcially, Le is well fixed. Harry B. Leitzell, of was born ‘10e, Freeport, I. in Balona, Pa, and is a brother of Dr. J. B. Leitzell. He is tvother of our popular and successful roung men; is quite nu expert mechan- ¢ in steel and iron and works for the Haufer Bros. in their extensive nove ity He is one of rererved wen, who attends strictly to his Usiness; owns a fine home in the city Line 2CLOTY. «CW 1 He is honest and industy ious, Cieorge Smith, of Dakota, Ill, came He near vest about fifteen years ago. wy of Je wep h ix a of Peon ‘or Smith, a few yours after he came west he cop- iucted a blackemith shop; be now wos and conducts a hardware store, model far ierinker’s establishment: is a nau, a good citizen, and t} Lins us nade u success of all bis undertakis gs 1 Lusitess, James B. Crawford, of Freeport, 111 in Hall, and He is engaged with i AUG is is doing here about the Ha- mn has been ¢h Years; er Bros a trustworthy in i i i i ! i i strictly to whatever ¥, a good eitizen, temperate d attends well Le un- iertakes to Oscar D west fron do, J y of Freeport, 11 n Centre Hall twelve Al present he | f the savings bank department in the He erin as town clerk, an office DENCY ie Las Years ago, charge