Greenawalt v. Kohne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 88. Debt by Frank Kohne and E. II. Myers, administrators of John R. Bingler, deceased, against Jacob Greenawalt, on a bond given by defendant to said Bingler for a balance of purchase-money. This bond which was offered in evidence by the plaintiff was in the penal sum of $27,000, was made payable in instalments and secured by a mortgage on a lot in the city of Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 88. Debt by Frank Kohne and E. II. Myers, administrators of John R. Bingler, deceased, against Jacob Greenawalt, on a bond given by defendant to said Bingler for a balance of purchase-money. This bond which was offered in evidence by the plaintiff was in the penal sum of $27,000, was made payable in instalments and secured by a mortgage on a lot in the city of Pittsburgh. At the trial the defendant made severals offers of evidence, in substance as follows :— “ That the bond in suit was given…
1Opinion of the CourtJustice Sharswood
We are of opinion that the offers of evidence by the defendant below ought to have been received.
It is agreed that the English rule excluding parol evidence to vary a written contract has not been adopted in this state in all its stringency. The exceptions, indeed, have in many instances almost eaten out the heart of the rule itself; but it is not altogether abolished, as may be seen in Martin v. Berens, 17 P. F. Smith 459, where, in an elaborate opinion, our late lamented brother, Mr. Justice Williams, exhaustively states the exceptions to the rule. But from Hurst’s Lessee v. Kirkbride,…
2Cited by20 opinions
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