McGowan v. Bailey
Pennsylvania Court of Common Pleas, Alleghany County
No. 60 October Term 1891, Sup. Ct.; court below, No. 66 October Term 1888, C. P. No. 2. To the first Monday of August, 1888, James McGowan and William McGowan brought trespass against Austin L. Bailey and others, partners as Bailey, Wilson & Co., to recover damages for injuries alleged to have been done to the land of the plaintiffs in and by and in connection with mining operations carried on by the defendants.
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No. 60 October Term 1891, Sup. Ct.; court below, No. 66 October Term 1888, C. P. No. 2. To the first Monday of August, 1888, James McGowan and William McGowan brought trespass against Austin L. Bailey and others, partners as Bailey, Wilson & Co., to recover damages for injuries alleged to have been done to the land of the plaintiffs in and by and in connection with mining operations carried on by the defendants. The particulars of the plaintiffs’ claim are stated in the charge of the court below, infra. Issue. At the trial on September 19, 1890, the following facts were shown: On August 3,…
1Opinion of the Court
Opinion,
Me. Justice Green :
In the case of Close v. Zell, 141 Pa. 890, we considered with care the subject of the merger of stipulations, whether in writing or verbal, in contracts for the sale of lands, followed by deeds in pursuance thereof from which the stipulations thereof were omitted. In that particular case we held that a parol stipulation by the vendor of land, to refund the purchase money in the event of a failure of title and to reimburse the vendee for any costs and expenses incurred, was not merged in a deed containing a covenant of special warranty, but no covenant of title,…
2Cited by10 opinions
- Lehman v. PaxtonSuperior Court of Pennsylvania · 1898
- Doty v. Sandusky Portland Cement Co.Indiana Court of Appeals · 1910
- Kemp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Ireland v. Penn Motors Corp.New Jersey Court of Chancery · 1926
- White v. MurrayDistrict Court, W.D. Pennsylvania · 1914
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