Tyson v. Passmore
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. Dec. 31, Jan. 2. — This was an ejectment by Tyson, the vendee, against the vendor, under articles.
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Error to the Common Pleas of Chester county. Dec. 31, Jan. 2. — This was an ejectment by Tyson, the vendee, against the vendor, under articles. The'articles were proved by plaintiff, dated April, 1833, in the handwriting of plaintiff, by which, after reciting a warrant for seventy-five acres, defendant agreed to procure a survey and return, pay charges, &c., and on 7th July next, to convey to plaintiff in fee all the estate in the land “ acquired by defendant by the warrant and survey aforesaid and plaintiff covenanted to pay on execution of the deed. Also receipts in August and October,…
1Opinion of the CourtGibson, C. J.
— The plaintiff in this ejectment, to enforce what he insists were the actual terms of the purchase, contends that the parol evidence of those terms was competent either to reform the articles, or to entitle him, in some shape, to relief for misrepresentation and mistake. As it is not pretended that any thing was omitted which was intended to be inserted, the defendant denies that there is any thing to be reformed ; and that a mistake as to the legal effect of the words, being a mistake of the law, is not a ground of relief. That the agreement was penned by the defendant, and that the…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
- Jones's AppealSupreme Court of Pennsylvania · 1844
- Flagler v. PleissSupreme Court of Pennsylvania · 1832
3Cited by9 opinions
- Sixsmith v. MartsolfSupreme Court of Pennsylvania · 1964
- Smalley v. MorrisSupreme Court of Pennsylvania · 1893
- Blygh v. SamsonSupreme Court of Pennsylvania · 1891
- Reno v. MossSupreme Court of Pennsylvania · 1888
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
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