Commonwealth Title, etc., Co. v. Folz

Citations

• 19 Pa. Super. 28
• 1902 Pa. Super. LEXIS 26

Syllabus

<p>Evidence — Parol evidence to vary written agreement.</p> <p>In an action on a written agreement an affidavit of defense is insufficient which merely sets forth the terms of an alleged contemporaneous parol agreement without any averment that the parol agreement had been omitted from the written instrument by fraud, accident or mistake, or that the parol agreement had induced the signature to the written contract in such a degree that without it the latter would not have been signed.</p> <p>In an action upon- a written agreement by which the defendant agreed to be responsible to a certain amount for the completion of a building operation, and that the plaintiff, a trust-company, was to retain as security certain shares of stock which had been delivered to the plaintiff by the defendant, as an indemnity against loss on a policy issued by the plaintiff “ to insure completion and against liens” on another building, an affidavit of defense is insufficient, which merely avers a contemporaneous parol agreement to the effect that the amount mentioned in the written contract should be paid out of the proceeds of the stock, or upon its return to the defendant, and that the defendant should not be called upon for payment, unless the stock was required and exhausted as indemnity on the policy issued by plaintiff but without alleging that the plaintiff had received the proceeds of the stock, free from liability on account of the policy.</p>