Legal Opinion

Rearich v. Swinehart

Supreme Court of Pennsylvania

Decided July 15, 1849PublishedCited by 12 opinions

Error to the Common Pleas of Union. This was an action of covenant, which was brought by the executors of Henry Rearich, deceased, against Christian Rearich, and was founded upon articles of agreement, executed between the testator and the defendant, who stood to each other in the relation of father and son. The pleas were covenants performed and release.

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Error to the Common Pleas of Union. This was an action of covenant, which was brought by the executors of Henry Rearich, deceased, against Christian Rearich, and was founded upon articles of agreement, executed between the testator and the defendant, who stood to each other in the relation of father and son. The pleas were covenants performed and release. By these articles, dated 10th March, 1832, Henry Rearich covenanted, in consideration of so much per acre, to convey certain land on or before the 1st of April ensuing, to Christian Rearich, and Christian covenanted with Henry to “ pay the…

1Opinion of the Court

The opinion of this court was delivered by

Bell, J.

In Pennsylvania, perhaps, the door has been opened wider than elsewhere for the admission of parol proof to reform, modify, and even to extinguish a written instrument, in cases of fraud, mistake, or trust. Of the wisdom of this liberality, or it may be laxity, much diversity of opinion has been entertained and expressed. But it is now too late to question the doctrine, since the long series of cases from Hurst v. Kirkbride, down to the recent determination in Renshaw v. Gans, 7 Barr, 117, with very little wavering, establish the rule, that…

2Cases cited4 opinions

  1. Bender v. FrombergerSupreme Court of the United States · 1806
  2. Oliver ex rel. Rowland v. OliverSupreme Court of Pennsylvania · 1833
  3. Parke v. ChadwickSupreme Court of Pennsylvania · 1844
  4. Hartzell v. ReissSupreme Court of Pennsylvania · 1808

3Cited by12 opinions

  1. Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
  2. Tasin v. BastressSupreme Court of Pennsylvania · 1920
  3. State Bank of Ardock v. BurkeNorth Dakota Supreme Court · 1926
  4. White v. BlackSuperior Court of Pennsylvania · 1900
  5. Gas v. Pittsburg Plate Glass Co.Supreme Court of Pennsylvania · 1906

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