Baker v. Barley

Citations

• 34 Pa. Super. 169
• 1907 Pa. Super. LEXIS 99

Syllabus

<p>Deed — Deficiency of acreage — Representations—Oral statements — Judgment — Opening judgment — Evidence.</p> <p>Where an owner of a farm agrees to sell it to another, and the vendor and the vendee employ the same attorney to draw the deed, purchase money mortgage, and an agreement as to liens, and the attorney draws the papers from the title papers submitted to him, and in each of the three papers the land is described as containing in the aggregate about twenty-three acres, and there is uncontradicted evidence that the papers were read in the hearing of the parties, the vendee cannot, on a rule to open the judgment entered on the bond accompanying the mortgage, allege as a ground therefor, that the vendor prior to the execution of the deed had represented to him that the farm contained thirty acres, and that he would not have bought it if he had known it contained the acreage as it actually existed, and such representation is denied by the vendor. In such a ease the rule applies that all prior negotiations and understandings must be presumed to have been merged in and superseded by the deed.</p> <p>Where a contract is executed by a deed and bond, or other security taken for the unpaid purchase money, the rule is not to open a contract so far executed to allow for a deficiency of quantity, nor can there be a recovery for an excess.</p>