Paturzo v. Ferguson

Citations

• 280 Pa. 379
• 124 A. 481
• 1924 Pa. LEXIS 524

Syllabus

<p>Contract — Sales—Memorandum in writing — Several writings— Oral testimony — Act of May 15, 1919, P. L. 5k8-</p> <p>1. Where several writings make up a contract of sale, the general rule is that the reference, relation or connection of the writings to or with each other must appear on their face.</p> <p>2. In such case the writings must contain either an express reference to each other or internal evidence of their unity, relation or connection.</p> <p>3. If the writing is not complete in itself and oral evidence be required to supply omissions, then the whole is reduced to parol, and, though equity may reform, it can no longer specifically enforce.</p> <p>4. The Sales Act of May 15, 1919, P. L. 543, may be satisfied where the memorandum is made up of several papers, which together will furnish the essential terms, but the separate writings must have internal reference one to another.</p> <p>5. In such case oral testimony may be offered to identify and show the connection between them but not to supply proof of the terms of the contract itself.</p>