Murray v. Dake

Citations

• 46 Cal. 644

Syllabus

<p>Written Contract—Parol Testimony. — The general rule that parol testimony is inadmissible to contradict, add to, or vary a written contract, does not exclude proof by parol testimony of fraud or mistake in the execution of the contract, when a reformation of the instrument is sought.</p> <p>Equity—Fraud or Mistake.—A Court of equity will interfere to prevent the fraudulent use of a paper for a purpose not contemplated at the time it was made, even where there was no mistake or fraud in its execution. Reformation of a Lease by a Court of Equity.—If a lease is drawn of all of a brick building, but before it is signed by the lessor the parties agree verbally that it shall only cover the building as it then is, and that the lessor may erect and use a second story, the lessee cannot recover in ejectment a second story afterwards erected ; but a Court of equity will prevent such fraudulent use of the lease, and reform it so as to make it correspond with the verbal agreement of the parties.</p> <p>Evidence in Ejectment.—In ejectment, based on a lease made by defendant to plaintiff, evidence is admissible that there was a verbal understanding that the demanded premises were not to be included in it, provided that defense is set up, and the Court is asked to reform the lease.</p>