Harbold v. Kuster
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action on the case by David Custer against William Harbold. The plaintiff declared for the trover and conversion of bushels of wheat, to which defendant pleaded non cul.
Read the full summary
Error to the Common Pleas of Berks county. This was an action on the case by David Custer against William Harbold. The plaintiff declared for the trover and conversion of bushels of wheat, to which defendant pleaded non cul. The facts of the case were these:— By articles of agreement, dated the 15th of December 1855, the plaintiff agreed to sell and convey to the defendant a farm in Amity township, Berks, county, for the sum of $1600. In this agreement the grain in the ground was reserved to the vendor. The deed was to be delivered by the vendor to the vendee on the 1st of April 1856, when…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
To have admitted the evidence embraced by the first bill of exceptions would have been to disregard the established rule that parol evidence cannot be received to contradict, vary, or alter an instrument of writing: 4 W. & S. 209; 3 S. & R. 609; 7 Id. 110; 16 Id. 423; 7 Casey 252. It was not offered to reform the instrument on the ground of fraud, accident, or mistake, where such evidence is necessarily receivable: 1 W. & S. 192; 5 S. & R.421; 4 Barr 493; 9 Id. 491; 7 Casey 252; 9 Id. 386. There was no legal ground for its admission, and…
2Cases cited2 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Law v. PattersonSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- ELDERKIN Et Ux. v. GasterSupreme Court of Pennsylvania · 1972
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Dick Et Ux., to Use v. McWilliamsSupreme Court of Pennsylvania · 1927
- Raab Et Ux. v. BeattySuperior Court of Pennsylvania · 1929
- Grabow v. McCracken Et Ux.Supreme Court of Oklahoma · 1909
5 more not listed; retrieve them via the Exa API.