McClain v. Smith

Citations

• 158 Pa. 49
• 27 A. 853
• 1893 Pa. LEXIS 1539

Syllabus

<p>Promissory note — Sale—Delivery—Artifice—Estoppel.</p> <p>Where one by bill of sale became possessed of property, the title of which was claimed by another, and the vendee was induced by acts of the claimant to part with possession of the property in consideration of a note indorsed by the claimant, the latter will be estopped from asserting, in defence to an action ozi the note, that it was a trick or artifice by which the vendee was deceived into parting with his property.</p> <p>Parol evidence to vary writing — Bill of sale.</p> <p>In an action of assumpsit, where it was in dispute whether the words “ boiler and engine ” were inserted in a bill of sale after its execution, it appeared that the bill of sale was made by two partners. One partner testified that the vendee wrote.the bill and read it, and did not read “ boiler and engine; ” but upon cross-examination he said he signed it without i-eading it, and, in reply to the court, that he signed it without knowing what was in it. The other partner testified that the vendee wrote the bill, and that the boiler and engine wei-e not mentioned, but also said that he did not read it. On the other hand, two witnesses testified that the bill was l-ead to the vendors, and that the ezigine and boiler were mentioned in it. Held, that the evidence to reform the instrument by striking out the words “ boiler and engine ” was insufficient to submit to the jury.</p>