Hampe v. Sage

(dissenting) : It was held in the former opinion in the absence of an allegation that the tract referred to in the contract was the only land of the vendor in the designated county an averment that it was so in fact was insufficient. It was said that to allow proof that the land had been so identified would be to permit an essential element of the contract to be proved by parol evidence. For the same reason proof that the vendor had stated to the agents that it was the only land he owned in the county was insufficient for there was no allegation in the petition that he had made such…