Mikesell v. Wehrle

Citations

• 37 Pa. Super. 231
• 1908 Pa. Super. LEXIS 268

Syllabus

<p>Deed — Option—Variance in description — Coal—Reformation of instrument — Equity.</p> <p>An owner of coal land gave an option reserving to himself “twenty-five to thirty acres of coal in the tops of the hills.” The person receiving the option exercised it, and had his attorneys prepare a deed in which the reservation was described as the “ seam or bed of coal which may be in, upon, or under the above-described premises known as the Pittsburg Seam.” It appeared that there was no coal known as the Pittsburg seam on the premises. The variance in the description in the deed from that in the option was the result either of a deception practiced on the grantor, or was a mutual mistake as to the name of the vein reserved. The evidence was uncontradicted that the coal reserved was an actual vein known to the grantee, and there was evidence that at the time the deed was executed and delivered representations were made to the owner by the grantee that the description in the deed covered the same body of coal referred to in the option. Held, that the grantor was entitled to have the deed reformed so as to read into it the description contained in the option.</p>