Wheatley v. Niedich

Citations

• 24 Pa. Super. 198
• 1904 Pa. Super. LEXIS 156

Syllabus

<p>Evidence — Parol evidence— Written instrument — Mortgage — Chattel mortgage.</p> <p>If a man is induced to execute and deliver a written instrument by a parol agreement made at the time, without which he would not have made ■the written agreement, it is a fraud to attempt to use the written agreement for a different purpose than that understood at the time of its execution and delivery.</p> <p>In an action on an agreement in writing for the sale of a chattel, to recover deferred installments of purchase money secured by a chattel mortgage executed under the laws of New York, an affidavit of defense is sufficient which avers that it was expressly and distinctly understood by and between the defendant and plaintiff at and before the execution of the mortgage and the agreement, and as an inducement to the defendant for executing the mortgage and agreement, that the chattels on which the mortgage was given, only should be responsible and liable in case of a default in payment of the installments secured by notes of the third party, and that in no event and under no circumstances should the defendant be personally or individually responsible or liable for the default of the third party.</p>