Bruch v. Shafer

Citations

• 45 Pa. Super. 612
• 1911 Pa. Super. LEXIS 94

Syllabus

<p>Contract—Joint contract—Signature of parties—Failure to sign— Parol evidence.</p> <p>Where a joint contract in writing shows on its face that it is to be signed by two persons as parties of the first part, and one person as party of the second part, and one of the parties of the first part refuses to sign after the other two persons had signed, the instrument is ineffective, and all parties are discharged. If in such a case the party of the first part who had signed the agreement and who paid over money to the party of the second part, brings an action to recover said money, he may show by his own parol testimony that he was induced to advance his own money on the express promise of the defendant that if the written agreement should not become operative by reason of the failure of the other party of the first part to sign it, the money should be refunded. Such a parol agreement is entirely outside and independent of the written agreement, and if believed by the jury is sufficient to sustain the plaintiff’s claim, although it is contradicted by the defendant, and is not supported by the evidence of another witness.</p>