Porter v. Sims Co.

Citations

• 55 Fla. 504

Syllabus

<p>Contracts—Evidence—Varying Written Contract by Parol Evidence—New or Subsequent Parol Contracts.</p> <p>1. Parol testimony is not generally admissible to vary the terms of a written agreement.</p> <p>2. In order to render evidence of a subsequent parol agreement admissible to vary the terms of a written contract, it is necessary that such subsequent agreement be founded upon a consideration</p> <p>3. A proffered amended plea is properly rejected that sets up as a defense a parol agreement without a new consideration at variance and inconsistent with the pleader’s written agreement involved in the issues.</p>