Davies v. Bierce

Citations

• 114 La. 663
• 38 So. 488
• 1905 La. LEXIS 522

Syllabus

<p>EVIDENCE — PAROL MODIFICATION OF WRITTEN CONTRACT — DISTINCT CONTEMPORANEOUS AGREEMENT.</p> <p>1. Where a writing, although embodying an agreement, is manifestly incomplete and not intended by the parties to exhibit the whole agreement, but only to define some of its terms, such parts of the actual contract as are not embraced within its scope may be established by parol evidence. The general rule of evidence prescribed by article 2276 of the Civil Code as to parol evidence not being allowed to alter, contradict, or vary written evidence is not violated by allowing parol evidence to be given as to a distinct, valid, contemporaneous, collateral agreement between the parties which was not reduced to writing, when the same is not in conflict with the provisions of the written agreement. One contract is often made the basis, inducement, or consideration of another, and, though connected, may be yet distinct, each having appropriate and specific rights and remedies peculiar to itself.</p> <p>2. Plaintiff is entitled to have his pleadings considered and passed upon as an entirety.</p> <p>(Syllabus by the Court.)</p>