Stafford v. Stafford
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of assumpsit brought by Samuel Stafford against Cyrus A. Stafford. The plaintiff is the father of the defendant. In 1847, the plaintiff was the owner of a farm in Erie county containing 109 acres, and on the 13th of January of that year, he conveyed it by deed, duly executed by himself and wife, to the defendant.
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Error to the Common Pleas of Erie county. This was an action of assumpsit brought by Samuel Stafford against Cyrus A. Stafford. The plaintiff is the father of the defendant. In 1847, the plaintiff was the owner of a farm in Erie county containing 109 acres, and on the 13th of January of that year, he conveyed it by deed, duly executed by himself and wife, to the defendant. The consideration of this sale was a bond of the same date, given by the defendant in the penal sum of $3000, conditioned for the maintenance of plaintiff and wife during life, and of Harriet, a minor daughter of plaintiff,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
If the parol evidence which is complained of by the plaintiff had been adduced to extend, qualify, or alter the terms of the written contract of 13th January, 1847, the objections would have been well taken, and would, no doubt, have prevailed. Indeed the court affirmed the first point of the plaintiff, that the deed and bond of the above date were to be taken by the jury as containing the entire contract between the parties at the time of their execution. This put the parol evidence out of the case so far as it might affect the terms of…
2Cited by3 opinions
- Shakely ex rel. Bartley v. GuthrieSuperior Court of Pennsylvania · 1896
- Russo's EstateSuperior Court of Pennsylvania · 1935
- Heller v. Heller's Executors, Pennsylvania Court of Common Pleas, Berks County1922