Finberg v. Burkhardt

Citations

• 239 Pa. 519
• 86 A. 1062
• 1913 Pa. LEXIS 602

Syllabus

<p>Judgment — Opening judgment — Parol evidence to vary written agreement — Agreement of sale — Bond and mortgage.</p> <p>Where a bond secured, by a mortgage given in part payment for real estate shows on its face that the debt was for $13,550.00, and the rate of interest six per cent., a judgment for the full amount of the debt will not be opened upon the testimony of the defendant himself uncorroborated by any other witness or circumstances, that it was agreed between him and the plaintiff at the date of the execution of the agreement that the real debt was $6,950.00, and the interest five per cent., where such testimony is absolutely contradicted by the plaintiff with corroborative proof, including the fact that for eighteen months the defendant had paid interest at the rate of six per cent., and there is no allegation or proof of fraud, accident or mistake, and no proof that any parol agreement was made at the time of the execution of the bond and mortgage.</p>