Neville v. Kretzsckmar

Citations

• 271 Pa. 222
• 114 A. 625

Syllabus

<p>Contract — Written contract — Parol evidence — Fraud, etc.-— ■ Promise inducing signature — Pleadings — Single witness — Mortgage — Agreement as to no personal liability.</p> <p>Where a mortgage is given in part payment of corporate stock under a written agreement which provided that “recourse on the bond with mortgage was to be had against the mortgaged premises only,” personal liability cannot be enforced against the purchaser, by the evidence of one witness only, that the purchaser had promised, in direct contradiction of the writing, to pay the mortgage, and that on the faith of the promise the mortgagor was induced to sign the mortgage, in the absence of an allegation in the pleadings or proof that the oral promise was omitted from the mortgage by fraud, accident or mistake, or that the promise was made to induce its execution.</p>