Nye v. Pittsburg Co.

Citations

• 2 Pa. Super. 384
• 1896 Pa. Super. LEXIS 65

Syllabus

<p>Contract — Written agreement — Parol evidence.</p> <p>Plaintiff sued for wages as a locomotive engineer, alleging employment by a parol agreement by the manager of the defendant, that at the time of employment it was agreed he should buy a lot of land from the defendant and be assisted by it towards the construction of a house for which he was to pay at stipulated rates of installments, and that his employment was to continue until the house was paid for. After repeated parol negotiations defendant’s manager addressed a letter to plaintiff stating therein, “ pursuant to our conversation about the matter of employment with us would say that our people have considered the matter and think favorably of it, with this exception that if you receive the full price of $85.00, and a boy is sufficient to do the work of a fireman, they would pay suitable wages for a boy,” making an offer of $85.00 per month for plaintiff but not therein alluding to the purchase of lots or the term of employment. It was disputed whether the terms of this letter were expressly accepted. Held, that the letter did not constitute the entire contract between the parties and that it was not error for the court to submit to the jury whether the contract of employment was made prior to the receipt of the letter by parol agreement.</p> <p>It is not the case of a written instrument varied in its effect by parol testimony nor of parol evidence to establish a contemporaneous oral agreement which induced the execution of a written contract.</p>