Oxweld Acetylene Co. v. Hastings

Citations

• 71 Pa. Super. 178
• 1919 Pa. Super. LEXIS 56

Syllabus

<p>Contracts — Bale—Writing—Contemporaneous agreement — Affidavit of defense.</p> <p>Where a contract for a gas generator provides that all the terms of the agreement are merged in the written instrument and that no agent or representative of the company has made any statements or agreements, verbal or written, modifying or adding to the terms thereof, the vendee in an action for the purchase price cannot set up a parol contemporaneous agreement varying the terms of the written instrument.</p> <p>In such a case an affidavit of defense is insufficient which avers matters outside the agreement.</p>