Schwab v. Ginkinger

Citations

• 181 Pa. 8
• 37 A. 125
• 1897 Pa. LEXIS 498

Syllabus

<p>[Marked to be reported.]</p> <p>Contract- — Evidence—-Parol evidence.</p> <p>Where acoutracfcin writing shows upon its face that it was not tho whole contract between the parties, and does not purport to be a complete agreement, parol evidence is admissible to show what was the whole contract and the contract then becomes all parol.</p> <p>Contract — Pension money — Legality of contract.</p> <p>A contract by a son for the care, protection and maintenance of his father during the remainder of the latter’s life, and burial after his death, in consideration of certain pension money which the son had collected for his father; is not illegal.</p> <p>A gift by a father to a son of pension money which the son had collected for the father is not illegal under the prohibitory provision of the pension law, where there is no agreement for compensation on the part of the son for his services in obtaining the pension, nor proof of any demand or claim of any kind for any compensation whatever.</p> <p>• Evidence — Competency of witness — Death.</p> <p>A son claiming against his father’s estate is incompetent to testify to an agreement between himself and father relating to the fund in controversy.</p>