Somerset Colliery Co. v. John
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1907, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1905, No. 18, on verdict for plaintiff in case of Somerset Colliery Company v. A. F. John. Scire facias sur mortgage.
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Appeal, No. 105, Oct. T., 1907, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1905, No. 18, on verdict for plaintiff in case of Somerset Colliery Company v. A. F. John. Scire facias sur mortgage. At the trial the whole of defendant’s case was as follows : Mr. Ruppel: I offer the agreement between A. F. John, of the first part, and John A. Clark and William A. Somerville, of the second part, dated August 28, 1901. We shall follow this by proof of another agreement of the same date between the same parties, relating to the same subject-matter, by which it was provided that the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was a proceeding by scire facias on a mortgage. On the trial defendant offered to set off against plaintiff’s demand two distinct claims held in his own right against the mortgagee. Part of the offer was to show that at the time the mortgage was given, these claims being then in existence, it was agreed between the parties that they should be adjusted when the mortgage fell due and in connection with its payment. The offer was rejected on the ground that it tended to contradict or change by parol the written instrument on which the plaintiff relied. This was…
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