Thompson v. Thompson

Citations

• 126 Pa. 367
• 17 A. 643
• 1889 Pa. LEXIS 881

Syllabus

<p>1. it being necessary not only that the substance of the case made by the plaintiff in a bill in equity should be proved, but that it should be substantially the same as the ease stated in the record, every averment necessary to entitle the plaintiff to the relief prayed for must be contained in the stating paid of the bill, and may not be supplied by inference, or by a reference to some other part of the bill.</p> <p>2. When, therefore, a plaintiff averred that the defendant and he had dissolved a partnership and that defendant had agreed to -convey to plaintiff all the partnership property, praying for specific performance, and the defendant in Ms answer admitted the contract and averred his willingness to convey according to it, but that to a portion of the property claimed the firm had no title, it was error for the master to receive testimony to show that defendant was estopped from setting up such defence.</p> <p>3. In such case, evidence that before the purchase of the tract by the firm, the defendant had assured the plaintiff that their grantors had a good title; that a survey was subsequently made of the lands, and that the defendant with others was one of the owners of the prior interfering survey,' — this evidence, with the silence of the defendant, was not sufiieient to estop him from setting up the interference as a defence.</p>