Real Estate Title v. Lambeth
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 1 OB PHILADELPHIA COUNTY, IN EQUITY. No. 224 January Term 1889, Sup. Ct.; court below, No. 658 March Term 1886, C. P. No. 1 in Equity.
Read the full summary
FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 1 OB PHILADELPHIA COUNTY, IN EQUITY. No. 224 January Term 1889, Sup. Ct.; court below, No. 658 March Term 1886, C. P. No. 1 in Equity. In April, 1886, the Real Estate Title Insurance and Trust Co., administrator of William R. Lafourcade, deceased, filed a bill in equity, against Samuel W. Lambeth, in which .the averments were in substance as follows : That the complainant was administrator of the estate of William R. Lafourcade, who died on June 20, 1884, and who was at the time of his death the joint owner with Samuel W. Lambeth, the…
1Opinion of the Court
Per Curiam :
There appears to be nothing in this record that requires a reversal of the decree. The written agreement, set out in the bill, being silent as to how long the same was intended to continue in force, it was clearly competent for the defendant to prove by oral testimony that the parties did not intend to bind themselves by said agreement for any definite period of time, but purposely left that to be settled, either by a contemporaneous or subsequent agreement. The competency of parol evidence for such purpose as that, is recognized in numerous cases, among which are Greenawalt v.…
2Cases cited3 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
- Bown v. Morange ex rel. HallSupreme Court of Pennsylvania · 1885
3Cited by6 opinions
- Federal Sales Co. v. FarrellSupreme Court of Pennsylvania · 1919
- Newland v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1934
- Iacovino v. CaterinoSupreme Court of Pennsylvania · 1938
- Fidelity Title & Trust Co. v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1916
- Dinch v. WorkmanSuperior Court of Pennsylvania · 1924
1 more not listed; retrieve them via the Exa API.