Wanner v. Landis

Citations

• 137 Pa. 61
• 26 W.N.C. 529
• 20 A. 950
• 1890 Pa. LEXIS 951

Syllabus

<p>1. Except as to negotiable paper in the hands of innocent parties, parol evidence, — here the testimony of a grantor, corroborated by three others, —may be admitted to contradict, vary, or even avoid a written instrument, where it shows clearly that but for oral stipulations, made at the time, the instrument would not have been executed.</p> <p>2. In this ease, it did not appear that the court was asked to withdraw the case from the jury, or to instruct them that the evidence adduced was insufficient to justify a verdict in favor of the plaintiff; but, by common consent, the case was regarded as involving questions of fact to be submitted to the jury: Per Mr. Justice Sterrett.</p>