White v. Black

Syllabus

<p>Parol evidence — Explanation of — Written contract, when admissible.</p> <p>Where a document- is silent on a particular subject, the subject may be proved, by parol evidence of what took place at the time of its execution, that a prior separate oral agreement, not inconsistent with the terms of the document or with any implied agreement growing out of it, was not intended to be abrogated.</p> <p>In an action for rent due under an alleged parol lease where the defendant introduced as part of his defense a subsequent written lease, it was competent for the plaintiff in rebuttal to introduce evidence tending to Show that the defendant did not go into possession under the lease last referred to; that it was not executed until after the term had well progressed; and that it was then signed and given to the defendant, at his request for the specific purpose, and for that purpose only, of being used by him to show in litigation then pending in court between him and a third person, that the plaintiff had admitted him in his own right as tenant of the premises.</p> <p>Explanatory parol evidence — Quality of proof.</p> <p>When it is said that parol testimony offered to explain a written contract must be clear, precise and indubitable, it is not meant that there must be no opposing testimony, but that it must carry a clear conviction of its truth.</p> <p>Charge of court — General effect tohen measure of error.</p> <p>When the complaint is that the charge is one-sided or inadequate and no particular error of law or misstatement of evidence can be pointed out, the court will be reviewed on the general effect of the charge and not upon sentences or paragraphs disconnected from the context which qualifies or explains them; if as a whole the charge was calculated to mislead, there is error, if not, there is none.</p> <p>Evidence — Effect in rebuttal to repel inference laid by defendant.</p> <p>Evidence of previous declarations of a witness for a plaintiff confirmatory of his tes