Henry v. Zurflieh

Citations

• 203 Pa. 440
• 53 A. 243
• 1902 Pa. LEXIS 736

Syllabus

<p>Deed — Consideration—Parol evidence.</p> <p>Although parol evidence will not be admitted to contradict or vary the written covenants in a deed, in the absence of fraud, accident or mistake; parol evidence is admissible to vary or contradict the written expression of the consideration. The reason for relaxing the general rule in this particular-is that a change in or contradiction of the expressed consideration does not touch the covenants of the grantor and grantee in the deed, and does not limit nor enlarge the grant. The fact that the consideration mentioned in the deed is a considerable sum of money, does not prevent the admission of evidence to show that the real consideration was a larger sum.</p> <p>' In an action to recover a balance alleged to be due on the-purchase price pf real estate where the price mentioned in the deed was $2,500, and the real consideration alleged by the plaintiffs was $4,500, plaintiff’s claim should be submitted to the jury where two witnesses testify that they were present at the bargain and heard the parties agree upon the larger sum, and two other witnesses testify to acknowledgments made by the purchaser that he owed the larger sum, and letters are offered in evidence showing that -the purchaser sent considerable sums of money to the vendor with promises of further payments.</p> <p>Appeals — Questions not raised in the lower court — Illegal consideration.</p> <p>In an action of‘assumpsit by a woman against the administrator of a man, the illegality of the consideration by reason of an alleged meretricious relation between the .man and the woman cannot be considered by the appellate court, where such a question was not raised or considered in the court below.</p> <p>Statute of limitations — New promise — Evidence.</p> <p>A clear, distinct and unequivocal acknowledgment of a debt is sufficient to take a case out of the statute. It must be an admission consistent with a promise to pay. There must not be any uncertainty as to the