Dougherty v. Norwood Borough

Citations

• 196 Pa. 92
• 46 A. 384
• 1900 Pa. LEXIS 479

Syllabus

<p>Contract — Municipal contract — Parol evidence — Construction of instrument by parties.</p> <p>Where á borough contract for sewers is in writing, and there is no allegation that there was any fraud, accident or mistake in its execution, the court should not admit in evidence conversations which took place between the plaintiff and the borough engineer prior to the execution of the contract, to the effect that certain work referred to in the contract should, over a certain amount, be paid for as extra work, and that a sewer on a certain right of way referred to in the contract should be excluded ; nor should the court admit as evidence of the construction of the contract by the parties payments made on account of the alleged extra work, where there is no sufficient evidence that the borough council in authorizing the payments on account as the work proceeded intended that their action should be treated as an alteration of the contract, or even were aware that any such claim would be made.</p>