The mend-the-hold doctrine, as used in law, has been unheralded in Pennsylvania for nearly a century. “Mend the hold” was coined in wrestling. It was said that when wrestlers began to lose their grip on an adversary, they would “mend the hold” to reassert their position of strength.
In the law, this phrase came to describe a situation in which a party to a contract at first gave one reason for non-performance, only to later proffer a different reason for the same non-performance. This sudden change in position often accompanied the onset of litigation, as the alleged breaching party sought a seemingly stronger justification for its conduct.
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