Prudden-Winslow Co. v. Stipp

Citations

• 76 Pa. Super. 530
• 1921 Pa. Super. LEXIS 181

Syllabus

<p>Contracts — Written instruments — Varying terms — Subsequent modification — Parol evidence.</p> <p>Even although parties have entered into a written contract, they are still free agents and may alter the contract if they so desire, notwithstanding the fact that it contains a provision that no verbal understanding or agreement shall be binding upon the parties.</p> <p>In an action of assumpsit for breach of contract, it was alleged that the plaintiffs’ agent had agreed to change the terms of the contract with reference to the time of payment, and a letter from the plaintiff was offered in evidence recognizing its agent’s authority and ratifying his promise.</p> <p>In such circumstances, the case was for the jury and a verdict for the defendant will be sustained.</p>