Sec. 1354. Merger Of Simple Contract In Specialty
Description
This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Sec. 1354. Merger Of Simple Contract In Specialty
A simple contract is merged in a contract under seal.1 Under the doctrine of merger, delivery of a specialty executed by the debtor" extinguishes a simple contract debt. Thus a simple contract for the sale of real property is merged in a subsequent deed, executed and delivered between the parties in full performance of such contract, and supersedes such provisions of such contract as are covered by the deed.3 Thus a contract for the sale of " merchantable coal" is merged by subsequent deed conveying " all the stone coal" in the specified realty.4 So a simple contract to sell a lot for twelve hundred dollars in cash and eighty shares of stock, and providing that a dwelling house costing not less than four thousand dollars shall be erected by vendee upon such lot before a specified date, and that within ten years no improvement should be erected nearer than thirty feet to the rear building line, is merged by a subsequent deed for such lot delivered between the parties, providing that the grantee should not erect upon the lot within ten years a dwelling not to cost less than three thousand dollars, and should not build any improvement nearer than thirty feet to the front building line.5 So a contract to convey realty is merged in a subsequent deed executed by a third person if accepted in performance of such contract.6 So a contract for the sale of realty reserving timber is merged in a deed for such realty in which timber is not reserved.7
1 Rhoades v. Jones. 92 Ind. 328; Banorgee v. Hovey, 5 Mass. 11; 4 Am. Dec. 17; Baker v. Baker, 28 N. J. L. 13; 75 Am. Dee. 243: Costlier v. Fisher. 104 N. C. 392; 10 S. E. 526; McNaughten v. Partridge, 11 Ohio 223; 38 Am. Dee. 731; Nichols v. Thompson. 1 Yerg. (Tenn.) 151; Williamson v. Cline. 40 W. Va. 194; 20 S. E. 917.
2 Hall v. Hopkins. 14 Mo. 450; Costner v. Fisher, 104 N. C. 392; 10 S. E. 526.
3 Carroll v. Fuel Co., 26 Can. S. C.
181; Seager v. Cooley, 44 Mich. 14; 5 N. W. 1058; Sehoonmaker v. Hoyt, 148 N. Y. 425; 42 N. E. 1059.
4 McGowan v. Bailey. 155 Pa. St. 256; 25 Atl. 648.
5 West Boundary Real-Estate Co. v. Bayless. 80 Md. 495; 31 Atl. 442.
6 Slocum v. Bracy, 55 Minn. 249; 43 Am. St. Rep. 499; 56 X. W. 826.
7 Clifton V. Iron Co.. 74 Mich. 183; 16 Am. St. Rep. 621; 41 X. W. 891.
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