Merriman's Execrs. v. Bush
Citations
- 116 Pa. 276
- 9 A. 345
- 1887 Pa. LEXIS 390
Syllabus
<p>1. In an action of covenant the only breach that can be set up as a basis of recovery must be the breach of some covenant contained in the written instrument on which suit is brought.</p> <p>2. In order to recover in covenant upon the breach of a parol provision, contemporaneous with the sealed instrument but of different effect, the plaintiff must not only have averred in the declaration that the parol provision was omitted from the writing by fraud or mistake, but he must establish the averment by such measure of proof as would justify a chancellor in decreeing a reformation of the contract.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- burden of proving existence and extent of nonconforming use is on property owner
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Mercur, Paxson, Sterrett, Trunkey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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