Saltsburg Colliery Co. v. Trucks Coal Mining Co.

Citations

• 278 Pa. 447
• 123 A. 409
• 1924 Pa. LEXIS 424

Syllabus

<p>Deed — Consideration—Privilege in other land — Construction of deed — Construction by parties.</p> <p>1. Where, as part consideration for the purchase of a piece of land, the grantor gives to the grantee a privilege on or under another tract, the privilege will determine when the purpose for which it was granted has ended.</p> <p>2. The fact that the words used to express a grant are not those commonly employed when a sale is intended, is a circumstance, although not conclusive, that only some less estate was intended to be conveyed.</p> <p>3. In doubtful cases the words of a grant will ordinarily be so construed as to resolve the.doubt in favor of the grantee.</p> <p>4. Where, however, the parties to a document, before any dispute has arisen between them, consistently interpret the language in one way, this operates to resolve the doubt and is controlling in the construction of the paper.</p> <p>Appeals — Judgment n. o. v. — Disputed facts — Evidence.</p> <p>5. On an appeal from a judgment non obstante veredicto, all disputed facts, depending solely on testimony, must be resolved in favor of appellant.</p>