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· 10/31/1898

Keystone Axle Co. v. Leyda

Citations

  • 188 Pa. 322
  • 41 A. 477
  • 1898 Pa. LEXIS 610

Syllabus

<p>Contract — Written contract — Parol evidence.</p> <p>Testimony to alter or overthrow a written agreement must be clear, precise and indubitable, and it must be of a higher and greater degree than is necessary to qualify or contradict or change a parol agreement.</p> <p>In an action upon a written contract against five defendants, where the defense is based upon fraudulent misrepresentations on the part of the persons who induced the defendants to sign the agreement, the five defendants do not count as one, but as five independent witnesses where the question is whether the rule which requires more than one witness to impeach a written contract has been complied with. The objection to their testimony goes to their credibility, not to their competency.</p>

Judges: Dean, Fell, Green, Mitchell, Williams

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