Keeler v. DeWitt

Citations

• 24 Pa. Super. 463
• 1904 Pa. Super. LEXIS 210

Syllabus

<p>Contract — Parol and written contract — Evidence—Contemporaneous parol agreement.</p> <p>On a rule to open a judgment entered on a judgment note, it appeared that the defendant had given the note in payment for lightning rods. The ■written agreement for the rods contained the following guarantee: “We will pay five hundred dollars to owners of building to which our rods are attached in a proper manner, in case they fail to protect the building from damage by lightning.” The defendant proved by two witnesses that there was a parol contemporaneous agreement that the agreement was to be put in the form of insurance policies for five years and that this was the inducement to the execution of the agreement. The policies were never delivered. There was also evidence that the rods were negligently constructed and afforded1 no protection to at least one of the buildings. Held, that the court below was in error in not opening the judgment.</p>