Keiser v. Reading Suburban Real Estate Co.

Citations

• 43 Pa. Super. 130
• 1910 Pa. Super. LEXIS 24

Syllabus

<p>Partition — Equity■—Answer—Findings of fact — Evidence—Impracticability of partition.</p> <p>1. Where on a bill in equity for partition the defendant’s answer avers that it was impracticable to make partition of one of the tracts consisting only of strips of land, and that it was valuable only as controlling future street lines and extensions, and plaintiff offers no evidence to contradict the answer, and the court finds that partition of the tract was impracticable, and that it would be inequitable to compel the defendants to pay the plaintiffs anything on account of the tract, a decree refusing partition of tlie tract in question will be sustained.</p> <p>Contract — Construction—Particular words — General words — Construction by parties — Partition.</p> <p>2. However general may be the words of one clause of a contract if, from other clauses of the same instrument, it is plainly and irresistibly to be inferred that the words could not have been intended to control in the disposition of a particular subject of the contract, the operation of such general words will be restrained.</p> <p>3. Wherever the terms of an agreement are equivocal or doubtful, or the language of the contract is ambiguous, the practical interpretation of it by the parties themselves in carrying it into effect is entitled to great, if not controlling, influence. This principle is applicable where parties agree to a partition of lands and the agreement is followed by an actual partition and an exchange of deeds followed by a period of four years without any controversy as to the construction of the agreement.</p> <p>4. The rule which allows extrinsic evidence to explain the extent of the subject of an agreement has no application where a subject-matter exists which satisfies the terms of the instrument. This rule applies to the construction of an agreement for partition of land where certain of the land is excepted, and the boundaries of such land, as described in the agreement, actually exis