Zentmyer v. Mittower
Supreme Court of Pennsylvania
In error from the Common Pleas of Franklin. June 10. Ejectment to enforce articles of agreement. Zontmyer, the plaintiff, showed articles- of agreement between himself and C. Zentmyer, by which, in consideration of $6000, and for divers things thereinafter mentioned, it was witnessed ho had conveyed in fee certain land to the plaintiff, Zentmyer, with covenant for further assurance, “by his performing the following duties;” then followed a stipulation, that the grantee…
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In error from the Common Pleas of Franklin. June 10. Ejectment to enforce articles of agreement. Zontmyer, the plaintiff, showed articles- of agreement between himself and C. Zentmyer, by which, in consideration of $6000, and for divers things thereinafter mentioned, it was witnessed ho had conveyed in fee certain land to the plaintiff, Zentmyer, with covenant for further assurance, “by his performing the following duties;” then followed a stipulation, that the grantee should put up certain buildings on the premises, which the grantor and his wife were to occupy, together with two acres of…
1Opinion of the CourtBell, J.
Apart from the parol testimony rejected by the court below, (to be presently considered,) there is nothing in the case to show it was the intention of the parties to carry into the deed of conveyance by Christopher to Daniel Zentmyer, all the covenants contained in the articles of agreement of the 11th September, 1815; but if, upon the ground that, through mistake, the deed was not a full and complete execution of the contract of the original parties, we consent to construe the article and deed as one instrument, it is clear the covenant of Daniel to pay, in a particular way, the…
2Cases cited7 opinions
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Stine v. SherkSupreme Court of Pennsylvania · 1841
- Herbaugh v. ZentmyerSupreme Court of Pennsylvania · 1828
- Flagler v. PleissSupreme Court of Pennsylvania · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Monongahela Natural Gas Co. v. Ellwood Natural Gas & Oil Co.Superior Court of Pennsylvania · 1910
- Kiec v. SherrerdSupreme Court of Pennsylvania · 2001