Oliver ex rel. Rowland v. Oliver
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia, in an action of trespass on the case, brought by the plaintiff in in error William Oliver for the use of Charles N. S. Roivland, against Oliver Sp Bell.
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Error to the District Court for the City and County of Philadelphia, in an action of trespass on the case, brought by the plaintiff in in error William Oliver for the use of Charles N. S. Roivland, against Oliver Sp Bell. The plaintiff’s claim, as set out in his declaration, containing thirteen counts, was, that the defendant, in consideration of the plaintiff’s assigning to him certain property, assumed to pay to the equitable plaintiff, Rowland, the sum of seven thousand six hundred and one dollars and twenty five cents, due to him from the nominal plaintiff, Oliver, or, as stated in other…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
It is, doubtless, a general principle of law, that parol evidence shall not be admitted to destroy, control, add to, or alter a written instrument, but the exceptions to the rule are equally well settled. Ever since the case, of Hurst v. Kirkbride, cited in 1 Binn. 616, it has been the practice to receive parol evidence of *144what passed at the time of the execution of deeds, or at and before the execution. When the fairness of the transaction is impeached, it is immaterial whether the party intended a fraud, at the time of the contract, or…
2Cases cited7 opinions
- Christ v. DiffenbachSupreme Court of Pennsylvania · 1815
- Lessee of Thomson v. WhiteSupreme Court of the United States · 1789
- Lessee of Dinkle v. MarshallSupreme Court of Pennsylvania · 1811
- Robinson v. EldridgeSupreme Court of Pennsylvania · 1823
- Heagy v. UmbergerSupreme Court of Pennsylvania · 1823
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3Cited by15 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Kimball v. TrippCalifornia Supreme Court · 1902
- Rearich v. SwinehartSupreme Court of Pennsylvania · 1849
- Cummings v. CummingsCalifornia Court of Appeal · 1921
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