Cerini v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 71 Wash. 310
• 128 P. 666
• 1912 Wash. LEXIS 742

Syllabus

<p>Evidence — Parol Evidence — To Vary Writing — Showing Performance. In an action for damages for breach of a stipulation in a right of way deed to move a barn to a location “to be mutually agreed upon,” oral evidence that at the time the deed was made the parties had orally agreed upon the location does not vary the terms of the writing, and it is admissible for the purpose of showing full performance of the agreement; since the writing did not contain the whole agreement of the parties.</p>