Jenks v. Fritz
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. Watson Jenks against Israel Fritz. This was a judgment entered upon a warrant of attorney, which was opened by the court, and defendant let into a defence upon the merits.
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ERROR to the Common Pleas of Perry county. Watson Jenks against Israel Fritz. This was a judgment entered upon a warrant of attorney, which was opened by the court, and defendant let into a defence upon the merits. The parties then agreed to the following facts as a special verdict: On the 19th of December 1838, Watson Jenks entered into an agreement in writing to sell and convey a tract of land to Joseph Marshall and Israel Fritz; that part of it which lay north of the Clark’s Ferry road to Joseph Marshall, and that part south to Israel Fritz; and a conveyance was to be made to each of the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
That articles of agreement for the sale and purchase of lands are usually merged in the deed, is certainly true as a general proposition; but to this rule there are many exceptions. It clearly does not extend to the case of a mistake as to the quantity, where the property is sold by the acre, arising from the miscalculation of the parties; for this comes within the rule that equity will relieve, when an act is done or contract made under a mistake or ignorance of a material fact. No person can be presumed to be acquainted with all matters of…
2Cases cited2 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Bowen v. CooperSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- McCall v. DavisSupreme Court of Pennsylvania · 1868
- Gump's AppealSupreme Court of Pennsylvania · 1870
- Taylor v. Brittain, Pennsylvania Court of Common Pleas, Schuylkill County1873
- Insurance Co. v. Union Canal Co.Philadelphia Court of Nisi Prius · 1843