Crawford v. Morris
Supreme Court of Virginia
John W. Pitman being the owner of two adjoining tenements in the town of Staunton, he in 1841, made an agreement with Benjamin Morris, by which he rented to Moms one of these tenements, and the front cellar under the other, for one year. In 1842 Pitman sold these tenements to John G. Sowers; Morris being in possession as tenant under his agreement with Pit-man.
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John W. Pitman being the owner of two adjoining tenements in the town of Staunton, he in 1841, made an agreement with Benjamin Morris, by which he rented to Moms one of these tenements, and the front cellar under the other, for one year. In 1842 Pitman sold these tenements to John G. Sowers; Morris being in possession as tenant under his agreement with Pit-man. And in September of that year a memorandum for an agreement between Sowers and Morris was drawn up and signed by them, which provided for certain repairs to be made to the tenement he occupied, and that when the repairs were finished,…
1Opinion of the CourtBaldwin, J.
Whether parcel or not of the demised premises, if not ascertained by the written contract, is always open to extrinsic evidence. In this case the memorandum of agreement between Sowers and Morris, designed to be preliminary to a more formal lease, does not describe the demised tenement, and other evidence is indispensable to determine even its locality, a matter, however, which was distinctly understood between the parties, and in regard to which there seems never to have been the slightest controversy. But a dispute has arisen, whether the cellar room in which the alleged trespass is charged…
2Cited by15 opinions
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