Colt Co. v. Evans

Citations

• 74 Pa. Super. 73
• 1920 Pa. Super. LEXIS 95

Syllabus

<p>Contracts — Sales—Written contracts — Contemporaneous agreement — Affidavit of defense.</p> <p>Where a contract for a gas generator provides that all the terms of the agreement are merged in the written instrument, and that no agent of the company has made any statement or verbal agreement modifying or adding to the terms thereof, and stipulating that it cannot be altered or modified except in writing, the vendee in an action for the purchase price cannot set up a parol contemporaneous agreement, varying the terms of the written instrument.</p> <p>In such case an affidavit of defense is insufficient which avers matters outside the agreement.</p>