McGowan v. Bailey

Citations

• 146 Pa. 572
• 23 A. 387
• 1892 Pa. LEXIS 1263

Syllabus

<p>1. A stipulation, contained in a contract for the sale of land, but omitted from the deed executed in pursuance of the contract, will not be extinguished by merger, when its place is not taken or supplied by the express or implied operation of the provisions and covenants which the deed does contain: Close v. Zell, 141 Pa. 390.</p> <p>2. A stipulation, in a contract for the sale of coal, to convey along with it certain mining rights to be exercised on the surface of the land, was not merged in a deed afterwards made for the coal which omitted to convey such rights; and it was admissible in defence to an action against the vendee for trespassing upon the surface.</p>