Quinter v. Quinter

Citations

• 261 Pa. 195
• 104 A. 580
• 1918 Pa. LEXIS 713

Syllabus

<p>Contracts — Sales of real estate — Variation by parol — Measure of proof — Reforming written instrument — Showing different consideration — Theory of trial — Issue—Appeals—Change of issue on appeal — Assignments of error — Failure to except.</p> <p>1. Where' a father-in-law executed a deed for a house and lot to a daughter-in-law for the expressed consideration of $2,000.00, and a week later executed a bill of sale for the household furniture and other personal property for a consideration of $75.00, and defendant paid a mortgage of $600.00 which was upon the property, but made no further payment on account of either realty or personalty; and alleged in a suit for the considerations expressed in the written instruments that the transfer was intended as a gift in consideration of defendant’s promise to pay the mortgage debt; and as that had been done, no further amount was due, and the evidence was conflicting, the court properly charged the jury that the writings must prevail unless the jury were “clearly satisfied......by the evidence, beyond any reasonable doubt, as strongly as oral testimony can satisfy the mind,” that defendant’s statement of the transaction was true.</p> <p>2. Where in such case it was contended on appeal that the issue was merely one of showing a different consideration from that expressed in the deed, ánd that the ease was not within the rule as to the degree of proof necessary to reform a written instrument, but was within the rule that a different consideration from that measured in the instrument may be shown by merely a preponderance of evidence, but where it appeared from the affidavit of defense that the issue was not that the consideration was less than that expressed in the deed, but that the transfer was in fact a gift and not a sale, and where it further appeared that the case was tried by all parties and the court on this theory, the judgment was affirmed.</p> <p>3. Assignments of error complaining of parts of tbe charge to the