Beedy v. Nypano Railroad

Citations

• 250 Pa. 51
• 95 A. 343

Syllabus

<p>Contracts — Deed-polls — Covenants binding on grantee — 4m-biguous expressions — Construction by the parties — Equity—Specific performance.</p> <p>1. The general rule is that a deed-poll when accepted by the grantee becomes the mutual act of the parties the same as if signed by both. By accepting a deed-poll with all its terms and conditions and entering into possession, the grantee takes the property subject to the burdens imposed upon it by the grant and is bound to perform the conditions therein stipulated although he has not signed the deed.</p> <p>2. If the language of a covenant be ambiguous, the construction placed thereon by the parties is the best evidence of their intention even though it might not be the construction which from inspection of the writing alone would be accepted.</p> <p>3. A railroad company acquired a strip of farm land for the purpose of improving its road by a deed-poll which provided that “in case the wells and springs situate upon the premises of the first parties shall become useless or impaired by reason of the construction of any railroad on the land hereby conveyed, then...... the said party of the second part......agrees with the parties of the first part......that the said party of the second part...... shall and will immediately enter upon the remaining property of the first parties and at a point or points designated by them, or either of them, drill new wells sufficient in number and size to furnish a sufficient quantity and a good quality of water to meet the needs and demands of the houses and barns of the parties of the first part.” By reason of an excavation on the land granted the railroad company, the well and the spring which supplied the grantors’ dwelling house with water were rendered useless. Another well and spring distant from the house supplied a sufficient quantity of water for the needs of the grantors’ houses and barn, but the quality of the water rendered it unfit for household use. The defendant company m