Safe Deposit & Trust Co. v. Bovaird & Seyfang Mfg. Co.

Citations

• 238 Pa. 490
• 86 A. 301
• 1913 Pa. LEXIS 997

Syllabus

<p>Deeds — Latent ambiguity — Parol evidence — Court and jury.</p> <p>In an action of ejectment to recover possession of a portion of a vacated street expressly conveyed to the plaintiff in a deed of an abutting lot, it appeared that the defendant claimed title to the entire bed of the vacated street by a prior deed from the same grantor expressly conveying to the defendant another lot fronting on the vacated street “and also all the estate, right, title and claim of the party of the first part in and to the ground formerly occupied” by said vacated street, and there was parol evidence of declarations or statements made by the grantor to the defendants or their respresentative while the negotiations were pending as to the land to be included in the grant, tending to show an intention to convey the entire bed of the vacated street for use in connection with the defendants’ manufacturing business. Held> that the case was for the jury and that it was error to give binding instructions for the plaintiff.</p>