Potter v. Grimm

Citations

• 248 Pa. 440
• 94 A. 185
• 12 A.L.R. 349
• 1915 Pa. LEXIS 592

Syllabus

<p>Evidence — Parol evidence to vary writing — Admissibility.</p> <p>1. It is well settled that parol evidence is admissible to show a verbal contemporaneous agreement upon the faith of which a written instrument was executed, even though such evidence may vary or change the terms of the writing.</p> <p>2. Where the owner of a farm agreed in writing to sell the farm for $2,000, being induced to execute the agreement by a promise made by an authorized agent of the purchaser that she would be paid in addition a sum, which, added to such land damages as she could recover for the location of a public road through the farm, would make up an additional $1,000 and the county paid the vendor $500 in land damages, she was entitled to receive $2,500 from the purchaser upon the delivery of the deed, and in an action therefor, a verdict and judgment for plaintiff for the full amount were proper although it was not alleged that anything was omitted from the agreement of sale by fraud, accident, or mistake.</p> <p>Mr. Justice Stewart dissents.</p>