Stafford v. Giles

Citations

• 135 Pa. 411
• 19 A. 1028
• 1890 Pa. LEXIS 1195

Syllabus

<p>1. In an action on the covenant of general warranty in a deed, where the grantor had no title to the coal under the land which was not excepted from the deed, evidence clearly showing that the grantees know the grantor did not own the coal and did not intend to include it in the sale, and that they never could have supposed they were buying it, is sufficient to warrant the submission of the case to the jury to determine whether the omission to except the coal from the deed was a mutual mistake.</p> <p>2. In such ease, an instruction to the jury that the deed could not be reformed except upon clear and convincing evidence of a mistake on the part of the grantor and the grantees, was not inconsistent with the further instruction that both the grantees need not have been present when the bargain was made, for, where the evidence shows that one of the grantees was conducting the negotiations, he would then be acting for the other as well as for himself, and his negotiations would affect both.</p>