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*448 SPAETH, Judge,concurring:
I submit that the majority treats “ambiguity” and “mistake” as synonyms. In my view, there was ambiguity because the surveyors had to resort to using landmarks not included in the deed, and mistake because the parties to the deed thought that all the buildings were included, but they weren’t. On either ground—ambiguity or mistake—parol evidence was admissible.
Document Info
Docket Number: 376
Citation Numbers: 393 A.2d 908, 259 Pa. Super. 441, 1978 Pa. Super. LEXIS 3946
Judges: Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Filed Date: 10/25/1978
Precedential Status: Precedential
Modified Date: 11/13/2024