Russell v. Spring City Glass Works, Ltd.

Citations

• 6 Pa. Super. 118
• 1897 Pa. Super. LEXIS 321

Syllabus

<p>Evidence — Written agreement — Modification thereof by oral agreement.</p> <p>A written agreement may be modified or set aside by parol evidence of an oral promise or undertaking, material to the subject-matter of the contract, made by one of the parties at the time of .the writing, which induced the other party to put his name to it; but where the parties met, discussed the contract and separated, with' instructions to plaintiff to write out thei agreement subsequently made, and both parties signed the agreement-thus prepared without objection, no evidence of what was said at the first. meeting will be admitted. It is not error for the court to exclude from the consideration of the jury negotiations which the parties themselves excluded from the contract.</p>