Close v. Zell

Citations

• 141 Pa. 390
• 21 A. 770
• 1891 Pa. LEXIS 1078

Syllabus

<p>[To he reported.]</p> <p>1. A parol stipulation by the vendor of land, to refund the purchase money in the event of a failure of title, and to reimburse the vendee for any costs and expenses incurred, will not be merged in a deed containing a covenant of special warranty but no covenant of title, afterward accepted by the vendee in consideration thereof.</p> <p>2. Such parol stipulation, clearly and satisfactorily proved, is enforceable by action thereon. Its enforcement does not involve a proceeding to reform the deed in any respect, the agreement for indemnity being independent and collateral thereto: Drinker v. Byers, 2 P. & W. 528; Richardson v. Gosser, 26 Pa. 335; Cox v. Henry, 32 Pa. 18; Walker v. France, 112 Pa. 203.</p>