Renshaw v. Gans
Supreme Court of Pennsylvania
In error from the Common Pleas of Fayette. Nov. 1. Renshaw brought covenant on articles for the purchase of land by Gans, and declared upon the written agreement, without any averment of fraud, &c.: the articles stipulating for payment of $1000, “so soon as Renshaw makes a warranty deed for the lots.” Rut the deed tendered, pursuant to the articles, contained a general warranty, “ excepting quit-rents.”
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In error from the Common Pleas of Fayette. Nov. 1. Renshaw brought covenant on articles for the purchase of land by Gans, and declared upon the written agreement, without any averment of fraud, &c.: the articles stipulating for payment of $1000, “so soon as Renshaw makes a warranty deed for the lots.” Rut the deed tendered, pursuant to the articles, contained a general warranty, “ excepting quit-rents.” The defendant gave evidence tending to show that Renshaw held under a conveyance by one Schoyer, which was fraudulent as .to creditors, and there was some notice on the' title-papers of that…
1Opinion of the CourtBell, J.
It is not perceived how, upon the question of admissibility of the parol proof to reform the written agreement of the parties, this case can in principle be distinguished from Hurst’s Lessee v. Kirkbride, cited in 1 Binn. 616; Christ v. Diffenbach, 1 Serg. & Rawle, 464; Clark v. Partridge, 2 Barr, 13, and other kindred determinations. These settle the law of Pennsylvania to be, that a written instrument may be modified by parol evidence of what passed between the parties, at or about the time of its execution, in cases of fraud, mistake, or trust. As in Clark v. Partridge, there was, in the…
2Cases cited4 opinions
- Christ v. DiffenbachSupreme Court of Pennsylvania · 1815
- Parke v. ChadwickSupreme Court of Pennsylvania · 1844
- M'Ginnis v. NobleSupreme Court of Pennsylvania · 1844
- Harper v. JeffriesSupreme Court of Pennsylvania · 1839
3Cited by11 opinions
- Croyle v. Cambria Land & Improvement Co.Supreme Court of Pennsylvania · 1912
- Rinker v. Ætna Life InsuranceSupreme Court of Pennsylvania · 1906
- Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
- Potter v. GrimmSupreme Court of Pennsylvania · 1915
- Excelsior Saving Fund & Loan Ass'n v. FoxSupreme Court of Pennsylvania · 1916
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