Kerr v. McClure

Citations

• 266 Pa. 103
• 109 A. 600
• 1920 Pa. LEXIS 509

Syllabus

<p>Contract — Evidence—Parol evidence — Contract part in writing, part in parol — Inducement—Fraud, accident or mistake — Pleading — Agreement—Proof.</p> <p>1. Where admittedly the whole of an agreement is not in writing,' either party may produce parol or written evidence as to the matter thus resting in parol.</p> <p>2. In a suit upon a written instrument one party thereto may defend upon the ground that he was induced to sign it by reason of a promise which the other made and, in the suit, now attempts to repudiate.</p> <p>3. In such a case it need not be averred or proved that the inducing promise was omitted from the writing by fraud, accident or mistake.</p>