Vito v. Birkel
Supreme Court of Pennsylvania
Appeal, No. 160, Jan. T., 1908, by plaintiff, from judgment of C. P. Northampton Co., Feh. T., 1902, No. 41, on verdict for defendant in case of Charles Vito v. Benedict H. Birkel.
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Appeal, No. 160, Jan. T., 1908, by plaintiff, from judgment of C. P. Northampton Co., Feh. T., 1902, No. 41, on verdict for defendant in case of Charles Vito v. Benedict H. Birkel. Petition of Charles Vito for a rule for an issue to quiet title under act of June 10, 1893. At the trial of the issue, Schuyler, P. J., charged as follows : [On May 22, 1900, the plaintiff and the defendant entered into a written contract for the purchase of an undivided half interest in a tract of land in South Bethlehem containing seven acres.] [7] By the terms of the agreement the plaintiff was to pay the sum of…
1Opinion of the Court
Per Curiam,
The offers of evidence, the rejection of which is the subject of the first three assignments of error, were offers to prove matters that took place before the signing of the writing on which the plaintiff sues. Nothing was shown to take them out of the general rule that all preliminary negotiations are merged and terminated by the execution of the written contract. The burden of showing ground for allowing exceptions to this rule was upon plaintiff and failing to do so his offers were properly excluded.
In regard to the payments to be made by plaintiff there is no room for dispute…
2Cases cited3 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- English v. YatesSupreme Court of Pennsylvania · 1903
3Cited by34 opinions
- Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
- Speier v. MichelsonSupreme Court of Pennsylvania · 1931
- Grubb v. RockeySupreme Court of Pennsylvania · 1951
- Walker v. SaricksSupreme Court of Pennsylvania · 1948
- Scott v. Bryn Mawr ArmsSupreme Court of Pennsylvania · 1973
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