McCauley v. Keller

Citations

• 130 Pa. 53
• 18 A. 607
• 1889 Pa. LEXIS 1162

Syllabus

<p>[To be reported.]</p> <p>1. The rule that extrinsic evidence is not admissible to contradict or alter a written instrument, is not infringed by the admission of evidence of a parol agreement whereby, upon a new consideration, a prior contract under seal between the parties was changed, so as to provide for the doing of something not embraced in the original agreement, or for an alteration in the manner of its performance.</p> <p>2. In such case, the deviation, except where otherwise expressed or mutually understood, must be taken in its proper connection with the original contract with reference to and in modification of which it was made, and the written contract must be pursued and applied so far as it can be traced in the intention of the parties.</p> <p>(а) A sub-contract for construction work upon a railroad specified prices for different classes of masonry, and provided that the work should be paid for monthly, as estimated by the engineer in charge. Monthly settlements on the contract were made on the basis of the engineer’s estimates, and the work was paid for and receipts taken in accordance therewith.</p> <p>(б) The highest grade of masonry provided for in the contract was second-class. The sub-contractor brought assumpsit to recover compensation for the work referred to in his contract, alleging that while the work was in progress thereunder the defendants directed him to put in first-class masonry wherever required by the engineer, and agreed to pay him the increased value of such first-class work.</p> <p>8. The original contract rendered the engineers’ estimates, classifying the masonry work, conclusive upon the parties, if made fairly and without fraud, and this stipulation was applicable to all work done under the supplement agreement; wherefore, it was-not competent for the plaintiff without attacking the estimates, to go into evidence generally as to how the work done under the supplemental agreement should be classified.</p>