Christ v. Diffenbach
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Dauphin county. Christ brought an action of replevin for goods distrained by the defendants, who avowed for one year’s rent in arrear. The plaintiff replied no rent in arrear, and issue was joined. On the trial the defendants gave in evidence a lease, dated the 17th January, 1804, executed by them of the one part, and by the plaintiff of the other part, of a mill and certain lands at the annual rent of 420 dollars.
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In Error. ERROR to the Common Pleas of Dauphin county. Christ brought an action of replevin for goods distrained by the defendants, who avowed for one year’s rent in arrear. The plaintiff replied no rent in arrear, and issue was joined. On the trial the defendants gave in evidence a lease, dated the 17th January, 1804, executed by them of the one part, and by the plaintiff of the other part, of a mill and certain lands at the annual rent of 420 dollars. The lease contained a number of covenants to be performed by both parties. The plaintiff offered to give in evidence, that at the time of…
1Opinion of the Court
Tilghman C. J.
John Christ (the plaintiff in error) rented a mill and land of the defendants in error. The lease was in writing; and the question is, whether the parol evidence mentioned in the bill of exceptions, was receivable ? I am not for carrying parol evidence farther than is warranted by decisions which are binding on this court; but it is too late, now, to consider, whether more good or harm has resulted from the admission of such evidence, in any case of writing. Without citing cases, or undertaking to enumerate all the exceptions -to the general rule, it may be laid down as settled…
2Cited by10 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Oliver ex rel. Rowland v. OliverSupreme Court of Pennsylvania · 1833
- Renshaw v. GansSupreme Court of Pennsylvania · 1847
- Hill v. ElySupreme Court of Pennsylvania · 1819
- Overton v. TraceySupreme Court of Pennsylvania · 1826
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