Wilson v. Pearl

Citations

• 12 Pa. Super. 66
• 1899 Pa. Super. LEXIS 208

Syllabus

<p>Contract for sale of land — Consideration—Mistake inpayment — Evidence —Merger.</p> <p>The obligation of the contract of a purchaser of land to pay a stipulated sum survives the delivery of the deed of conveyance unless he has discharged it by a compliance with the terms of the contract or has been released from it, and the fact that he has paid the consideration mentioned in the deed is not conclusive of that question. It is competent to prove by parol a money consideration greater than that mentioned in a deed or a consideration not mentioned if it be not directly inconsistent with that expressed.</p> <p>The doctrine of- merger of the preliminary contract in the deed does not apply; nor does any mere negligence of the vendor in making the mistake at the settlement preclude him from showing the true amount.</p>