Croyle v. Cambria Land & Improvement Co.

Citations

• 233 Pa. 310
• 82 A. 360
• 1912 Pa. LEXIS 822

Syllabus

<p>Evidence — Parol evidence — Contracts—Contract in writing — Contemporaneous verbal agreement.</p> <p>1. Parol evidence is admissible to show a contemporaneous verbal agreement which induced the execution of a written obligation, although it may vary or change the terms of the written contract, and although the parol agreement may not have been omitted from the writing through fraud, accident or mistake. This rule is applicable to the case of a deed of release for a right of way executed by a landowner in reliance upon a contemporaneous promise that the land on both sides of the road to be constructed should be filled in and brought to a level with the surface of the road.</p> <p>2. In such a case declarations made by the same person who made the contemporaneous agreement, but prior to the execution of the written agreement, are admissible, to the effect that there was an original verbal contract to make the fill referred to in the parol agreement. Such declarations are corroborative of the contemporaneous parol agreement.</p>