Merriman's Execrs. v. Bush
Supreme Court of Pennsylvania
No. 305 January Term 1886, Sup. Ct.; court below, No. 199 April Term-1882, C. P. This was an action of .covenant in the court below, by Adeliza M. Merriman et al., executors of Hiram Merriman, deceased, against D. G. Bush, William F. Reynolds, Edmund Blanchard and John H. Orvis, who survive George M. Yocum.
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No. 305 January Term 1886, Sup. Ct.; court below, No. 199 April Term-1882, C. P. This was an action of .covenant in the court below, by Adeliza M. Merriman et al., executors of Hiram Merriman, deceased, against D. G. Bush, William F. Reynolds, Edmund Blanchard and John H. Orvis, who survive George M. Yocum. The declaration averred: Adaliza A. Merriman,.....executors of the last will and testament of Hiram Merriman, deceased, the plaintiffs named in the above stated case by Samuel Linn, their attorney, complain of D. G. Bush,.....who survive George M. Yocum, the defendants in the above action…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The contract upon which this suit was brought is in writing and under seal; it is not pretended that anything was omitted from it, either through fraud or mistake, which the parties or either of them intended to have in it; the agreement is admittedly in all respects just what it was meant to be. The action is covenant, and is therefore in affirmance of the contract.
The plaintiff, having offered the contract in evidence, proposed to prove by parol that, although the defendants absolutely refused to guarantee the location of the land, and nego*288tiations were broken off…
2Cases cited1 opinion
- Bertsch v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Clark v. LindsaySuperior Court of Pennsylvania · 1898
- Commonwealth v. AltizerSupreme Court of Pennsylvania · 1968