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· 7/29/1898

Martin v. McCune

Citations

  • 8 Pa. Super. 84
  • 1898 Pa. Super. LEXIS 15

Syllabus

<p>Promissory note — Inducing agreement resulting in payment — Parol evidence to vary contract.</p> <p>In a suit on a promissory note evidence may be received of a parol agreement and conduct based thereupon which amounts, substantially, to payment by fulfilment of such agreement entered into by the parties to the note at the time it was made. Such agreement being entirely consistent with the terms of the note both might be enforced concurrently and effectively. Under such conditions the question of altering the terms of the note by proof of a parol contract does not arise.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith

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