Scott v. Norfolk & Westers R. R.

Citations

• 90 Va. 241
• 17 S.E. 882
• 1893 Va. LEXIS 40

Syllabus

<p>1. Contiiact — Parol evidence — Case at bar. — Plaintiff by writing agreed to furnish defendant with railroad ties at points where needed, but alleged a contemporaneous parol agreement of defendant to haul part of the ties. In action for defendant’s failure to perform the parol agreement : held, such agreement could not be proved as it would violate the rule which forbids the admission of parol evidence to vary a written agreement.</p> <p>2. Idem — Receipt—Release.-—Plaintiff accepted payment and receipted in full of all demands under the contract for such ties as he hauled: held, such receipt was a complete defence to the plaintiff’s action.</p>