Thompson v. Schoch

Citations

• 254 Pa. 585
• 99 A. 72
• 1916 Pa. LEXIS 771

Syllabus

<p>Evidence — Written agreements — Variation by parol — Character of evidence — Sales—Stoclc—Corporation ,contract — Power to malte • — Estopped.</p> <p>1. In order to prove a contemporaneous parol agreement which is alleged to have induced the execution of a writing which is sought to be enforced, the witnesses in support of the alleged parol contract must be credible and their examination must show them to have a distinct recollection of the relevant facts and, in so far as their evidence must be mutually corroborative, they should, to a reasonable degree, show a common understanding of the particular matter in question. Their testimony must he clear, precise and indubitable before it can be permitted to overcome the documentary proof to which it is opposed.</p> <p>2. In an action on a due bill given for mining stock the defense attempted to prove an alleged contemporaneous parol contract to the effect that the maker of the due bill was not to be required to pay the amount of the obligation unless and until he should dispose of the stock mentioned therein at a -price sufficient to give him a profit, and that he should not sell for a period of two months from the date of the due bill, but could at any time return the stock and get back the due bill. The testimony of the defendant contained discrepancies and contradictions. The evidence of the other witnesses went no further than to prove that the writing was given upon the understanding and agreement that defendant was not to be called upon to pay for the stock until he could sell it at a price sufficient to liquidate the amount due, and realize some profit therefrom. It appeared that for a period of twenty-nine days after the date of the due bill defendant could have sold the stock at a profit, but did not do so. The defendant’s version of the agreement, that the stock could not be sold for two months after the date of the due bill, was not corroborated. Held, that the evidence was not so clear, precise and indubi