Krueger v. Nicola

Citations

• 205 Pa. 38
• 54 A. 494
• 1903 Pa. LEXIS 509

Syllabus

<p>Evidencement. -Parol evidence to vary written instrument — Pleading—State-</p> <p>To contradict or vary the terms of a written contract by an oral cotemporaneous agreement between the parties, there must be allegation as well as proof, not only of it, but of its omission through fraud, accident or mistake from the writing.</p> <p>Parol evidence is inadmissible to reform a written contract, unless the declaration specially sets forth the fraud, accident or mistake alleged as a ground for such reformation.</p> <p>Where iu an action to recover damages for the breach of a written contract for the exchange of land, the plaintiff in order to meet the averments of the affidavit of defense sets up an oral agreement made prior to the execution of the written agreement, but neither in his statement of claim, nor in his replication, avers that the oral agreement was omitted from the written agreement by fraud, accident or mistake, the plaintiff will not be permitted at the trial to offer evidence of the alleged oral agreement.</p>