Stewart v. Trimble

Citations

• 15 Pa. Super. 513
• 1901 Pa. Super. LEXIS 382

Syllabus

<p>Contract — Agreement to purchase land — Evidence—Deed.</p> <p>A vendor is not relieved from the performance of the stipulations of his contract of sale in respect to which the delivery of the deed did not work a performance.</p> <p>An oral agreement made before or at the time of the sale of real estate under which the vendor assumes obligations collateral to the conveyance of the title, is not merged in the deed subsequently executed.</p> <p>Where an agreement for the sale of land stipulates that a house on the lot is to be completed before date of settlement, the subsequent acceptance of the deed is evidence of conceded completion, but is not conclusive of the fact of completion in the manner agreed by the parties; and in an action on a due bill given at the date of the settlement for a portion of the unpaid purchase money, the vendee may show that representations and promises were made to him when the contract was signed, to the effect that the house in construction was made of the best material and workmanship, and that it would be completed in first-class shape, and everything should be satisfactory; but that these representations were not true, and the promises were not kept.</p> <p>Where a vendor of land represents that a building which was to be completed before the date of settlement was made of the best material and workmanship, and that it would be completed in first-class shape, and after the purchaser has gone into possession, defects in plastering and drainage due to radical defects in construction, and to the use of improper materials, become manifest, the purchaser may set up these defects as a defense in an action on a due bill for a portion of the unpaid purchase money, when it appears that the defects were not manifest, and had not developed their true character and importance when the due bill was given.</p> <p>Vendor and vendee — Fraudulent representations — Evidence—Parol evidence.</p> <p>In an action on a due bill for the unpaid portion of t