Delaware County Trust Co. v. Keenan

Citations

• 78 Pa. Super. 341
• 1922 Pa. Super. LEXIS 111

Syllabus

<p>Contracts — Contemporaneous parol agreement — Evidence—Sufficiency — Words and phrases — “Contemporaneous</p> <p>In an action to recover rent under a lease a witness for the defendant testified that the lease was executed in accordance with a verbal understanding that the rent specified should only apply in the case of a sale by the tenant and an assignment of the lease, and that a lower rate should obtain as long as the defendant continued as tenant. Such testimony, corroborated by the fact that the landlord accepted rent for nine months in accordance with the verbal understanding, was sufficient to take the case to the jury.</p> <p>The word “contemporaneous,” when used with reference to parol agreements, in explanation or modification of written instruments, does not necessarily import absolute coincidence in point of time.</p> <p>A parol agreement may be a contemporaneous parol agreement, even though a week intervened between the agreement and the execution of the written contract to which it related, if the agreement and tbe contract were part of one transaction, and nothing intervened to interrupt the fixed purpose of the parties.</p>