McNeile v. Cridland
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., Mar. T., 1893, No. 70, on verdict for plaintiff. Sci fa. sur mortgage.
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Appeal, No. 8, Oct. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., Mar. T., 1893, No. 70, on verdict for plaintiff. Sci fa. sur mortgage. Before Sulzberger, J. It appears from the evidence that defendants purchased of the plaintiff certain premises in Philadelphia for the sum of $4,400, subject to certain incumbrances, and executed a bond and mortgage for a portion of the purchase money, namely, $1,400 secured on the same, $1,000 to be paid in six months, and $50.00 quarterly thereafter. The agreement of sale made in writing, on February 18, 1890, was as follows: “…
1Opinion of the Court
Opinion by
Rice, P. J.,
The valid objection to the evidence referred to in the first and second assignments of error was, not that it would tend to contradict or vary the contract by parol, but that proof of representations, though false, made by the plaintiff’s agent after the contract was entered into, would not legitimately tend to establish the defense, which was deceit. This is obvious; for the defendant admitted that the contract was made on February 18th, and was in writing; the receipt which contained the essentials of a valid writing for the sale of real estate was delivered on that…
2Cases cited4 opinions
- Knights of Pythias Benevolent Ass'n of Coal Centre v. LeadbeterSuperior Court of Pennsylvania · 1896
- Walton v. CaldwellSuperior Court of Pennsylvania · 1897
- De Grote v. De GroteSupreme Court of Pennsylvania · 1896
- Irvin v. KutruffSupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Commonwealth v. WinkelmanSuperior Court of Pennsylvania · 1900
- Ginder v. BachmanSuperior Court of Pennsylvania · 1898
- Commonwealth v. SayarsSuperior Court of Pennsylvania · 1902
- Blank v. BarnhartSuperior Court of Pennsylvania · 1901
- GALIZIA v. McKimSuperior Court of Pennsylvania · 1967
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