Bruch v. Shafer

Citations

• 235 Pa. 590
• 84 A. 515
• 1912 Pa. LEXIS 595

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 ease 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.</p>