Stoddard v. Emery
Pennsylvania Court of Common Pleas, McKean County
No. 301 January Term 1889, Sup. Ct.; court below, No. 235 February Term 1882, G. P. On January 18, 1882, an action in case was brought by Heman Janes against L. Emery, Jr. Tbe defendant pleaded not guilty. On December 9, 1886, on leave given, tbe plaintiff changed tbe form of action from case to covenant, and subsequently, also by leave of court, tbe record was amended by naming as the plaintiff Truman M. Stoddard, for the use of Heman Janes.
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No. 301 January Term 1889, Sup. Ct.; court below, No. 235 February Term 1882, G. P. On January 18, 1882, an action in case was brought by Heman Janes against L. Emery, Jr. Tbe defendant pleaded not guilty. On December 9, 1886, on leave given, tbe plaintiff changed tbe form of action from case to covenant, and subsequently, also by leave of court, tbe record was amended by naming as the plaintiff Truman M. Stoddard, for the use of Heman Janes. An amended narr was then filed declaring upon the breach of covenants in an oil lease, in that the defendant, the lessee, had unreasonably delayed the…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen:
There was no evidence to sustain the allegation of an omitted parol agreement left out of the written lease by fraud or mistake, and if there had been it is at least very doubtful whether any recovery could be had upon such an agreement or stipulation in an action of covenant. It is perfectly well settled that when a parol agreement changing or adding to a previously executed sealed contract is subsequently made, the whole becomes parol, and the remedy is assumpsit, and not covenant. Vicary v. Moore, 2 W. 451, and a number of cases which have followed it, are…
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- Greek v. WylieSupreme Court of Pennsylvania · 1920
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