Tobin v. McArthur

Citations

• 56 Wash. 523
• 106 P. 180
• 1910 Wash. LEXIS 838

Syllabus

<p>Evidence — Contracts—Parol Evidence to Vary Writing. Where a written subcontract for railroad construction fixed a price of 90 cents per cubic yard for “solid rock excavation,” evidence of a contemporaneous oral agreement to the effect that solid rock excavation was to be classified according to the principal contract not then at band, and solid rock excavation “under three feet” to be paid .for at a rate of three cents less than the rate of the principal contract, or $1.22 per cubic yard, is inadmissible as varying the terms of the writing.</p> <p>Same. Parol evidence is inadmissible to show that a written contract is not complete by reason of a collateral oral agreement that part was intentionally omitted from the written contract and was to be incorporated later, where the written contract, by the voluntary act of the parties, included a complete contract on the subject-matter.</p>