Pittsburg Coal Co. v. Cook

Citations

• 219 Pa. 539
• 69 A. 85
• 1908 Pa. LEXIS 619

Syllabus

<p>Vendor and vendee — Deed—Acreage—Estimate—Contract—Evidence— Amendment.</p> <p>A vendor and vendee of coal were both aware that the acreage mentioned in the deed of conveyance was only an estimate; it was agreed, therefore, that the coal should be surveyed, and if the acreage fell short, deduction was to be made from the purchase price at a certain amount per acreage, and if it overran, the surplus was to be paid for at the same rate. The agreement was set forth in a settlement certificate, and the deed was then delivered and the purchase money paid. A subsequent survey by the vendee showed that there was a deficiency in the acreage. A suit was then brought against the vendor to recover for the deficiency, but in this suit the settlement certificate was not set forth or annexed to the statement of claim. At the trial there was evidence that the parties had selected surveyors and met at the mine to survey the coal and determine the acreage. One of the defendants testified that he did not regard himself as called upon, under the contract, to make the survey and calculation; but this objection was not made until after a dispute as to the method of calculation had arisen. There was testimony of a conversation between one of the defendants and the attorney for the purchasers at the time the contract was signed, to the effect that the price per acre fixed for the coal was a mere formality. Held, (1) that the settlement certificate was properly admitted in evidence as the statement of claim would be considered as amended by incorporating in it the certificate after a trial on the merits; (2) that the parties by their action had so construed the contract as to show that a survey was to be made after the delivery of the deed, and a deficiency accounted-for if discovered; (3) that no weight was to be given to the stateménts of the defendants as to their understanding of the agreement; and (4) that a verdict and judgment for the plaintiff for the amount of the deficiency sh