Buchanan v. Dawson

Citations

• 34 Pa. Super. 400
• 1907 Pa. Super. LEXIS 146

Syllabus

<p>Vendor and vendee — Suit for purchase money — Prior agreements — ■ Fraud — Evidence.</p> <p>In an action by a vendor to recover the balance of purchase money, where it appears that the vendee had given a bond to secure such balance, and at the same time had accepted a deed of general warranty, he cannot set up as a defense a prior written agreement not produced, and whose existence is denied by the plaintiff, alleging that the vendee was not to pay interest until a certain incumbrance was removed, and it appears that the vendee knew of the incumbrance, and the bond stipulated for interest, and the vendee does not allege that there was any fraud, accident or mistake, or that he was induced to sign the bond by reason of any alleged written or parol agreement.</p> <p>A deed constitutes the final agreement between the vendor and vendee, and is presumed to supersede all other agreements different, therefrom.</p>