Hogan v. Crawford

Citations

• 31 Tex. 633

Syllabus

<p>There can be no question that oral evidence may he relied upon in some cases to change or modify or even to set aside written agreements. It may readily be conceded that a new and distinct agreement may be established by parol, as having been entered into as a substitute for the original written contract. Doubtless it may be established by parol, after performance, that the time of performance was enlarged, or the place of performance changed, or actual performance was actually waived.</p> <p>Even a suppletory agreement may be proved by parol. But in all such cases, it'must appear that each novation or new obligation was founded upon a, good and sufficient consideration, to affect in any manner the original contract in writing.</p> <p>An agreement to erect a hotel upon the lot purchased of the plaintiff is no consideration for a parol contract to forbear suit for ten years.</p>