Gower v. Sterner
Supreme Court of Pennsylvania
Upon a writ of error to the Court of Common Pleas for the county of Northampton, the case was thus:— Jacob Sterner and Michael Altemus, administrators of the goods, &c. of Michael Sterner, deceased, brought an action of covenant in that court, to April Term, 1835, against John Gower.
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Upon a writ of error to the Court of Common Pleas for the county of Northampton, the case was thus:— Jacob Sterner and Michael Altemus, administrators of the goods, &c. of Michael Sterner, deceased, brought an action of covenant in that court, to April Term, 1835, against John Gower. The first count of the declaration recited the execution of certain ' articles of agreement, dated the 14th day of September, 1827, whereby Michael Sterner, the intestate, covenanted “ on or before the 1st of November, next ensuing the date, by good and lawful deed or deeds, well and sufficiently to grant, convey…
1Opinion of the Court
.The opinion of the court was delivered by
Rogers J.
It is a general rule, that parol evidence is admissible to explain, but not to contradict, altex-, add to, or diminish a written instrument. But a mistake in any instrument may be rectified, when it clearly appears from satisfactory evidence that it was reduced to writixxg, in terms not comformable to the real intention of the parties. Moliere v. Pennsylvania Ins. Co. (5 Rawle, 347.). 1 Ves. 317. 1 Atk. 545. And there is no reason why the omission of the scrivener to insert a material part of the agreement, should not be corrected here. If a…
2Cases cited3 opinions
- Kane v. FisherSupreme Court of Pennsylvania · 1834
- Moliere v. Pennsylvania Fire InsuranceSupreme Court of Pennsylvania · 1835
- Barndollar v. TateSupreme Court of Pennsylvania · 1814
3Cited by8 opinions
- Broida v. Travelers InsuranceSupreme Court of Pennsylvania · 1934
- Krueger v. NicolaSupreme Court of Pennsylvania · 1903
- People v. TurnerCalifornia Court of Appeal · 1968
- Hunter & Springer v. McHoseSupreme Court of Pennsylvania · 1882
- Huss v. MorrisSupreme Court of Pennsylvania · 1870
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