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OCIE G. PRICE AND ORA H. PRICE v. RONALD D. ROSS V. ORA H. PRICE. APPEAL OCIE G. PRICE (03/08/85)

filed: March 8, 1985.

OCIE G. PRICE AND ORA H. PRICE
v.
RONALD D. ROSS V. ORA H. PRICE. APPEAL OF OCIE G. PRICE



No. 01091 Pittsburgh, 1983, Appeal from the Judgment of the Court of Common Pleas, Beaver County, Civil Division at No. 510 of 1982.

COUNSEL

John J. Petrush, Beaver Falls, for appellant.

George A. Verlihay, Beaver Falls, for Ross, appellee.

C. Gus Kwidis, Beaver, for Ora Price, appellee.

Brosky, Tamilia and Roberts, JJ.

Author: Brosky

[ 339 Pa. Super. Page 462]

This appeal is from summary judgment in favor of appellee. Appellant contends that the pleadings aver mutual mistake on the part of herself and the insurance company

[ 339 Pa. Super. Page 463]

    with regard to language in a release which covers not only that insurance company but also all other parties.*fn1 The trial court erroneously concluded that the pleadings raised no issue of mistake and, accordingly, we vacate.

The release in question covered Ora H. Price, the insured, and "any and all persons".

The trial court concluded that, "There is no claim of . . . mutual mistake." This was an error. In appellant's Reply to Amended Answer and New Matter of Original Defendant is included the following: "At the time such release was executed and delivered, it was not intended by either party thereto to be applicable to the original defendant in any respect . . ."

It is not fatal to appellant's assertion of this issue that the legal conclusion that this constituted a mistake was not present in the pleading. Indeed, "Conclusions of law have no place in a pleading . . ." 2 Goodrich Amram 2d 137.*fn2

Fraud, the sister ground for invalidation of a written instrument, was held to not be an indispensable term of art in Osborne v. ...


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