Ewald v. Lyons

Citations

• 29 Cal. 550

Syllabus

<p>Enforcement of Parol Contract in Equity.—If the lessee and lessor enter into a parol agreement with regard to a new lease of the premises the lessee is occupying, and the amount of rent to be paid by the lessee, and improvements made by him and to be made on the premises, and afterwards the lessee executes a lease in writing relating to the same subject matter, containing terms varying from the parol agreement, a Court of equity will not rescind the written lease and enforce the parol contract, nor, unless upon some equitable ground, as mistake, or fraud, will it reform the written lease to make it correspond with the parol contract.</p> <p>Same.—A Court of equity will not enforce a parol contract, if, after the same is made, the parties voluntarily enter into a written contract differing in terms from the parol agreement, nor will it substitute the parol contract for the written one.</p>