Windsor v. St. Paul, Minneapolis & Manitoba Railway Co.

Citations

• 37 Wash. 156
• 79 P. 613
• 1905 Wash. LEXIS 689

Syllabus

<p>Evidence — Written Contracts — Varying by Parol — Additional Consideration. While the terms of a written contract may not be varied by parol, it is competent to show that, at the time of the malting of a written contract of sale of land to a railroad company for a specified consideration, there was a collateral oral agreement to the effect that certain fences and guards were to be built and maintained by the company as part of the consideration for the sale, since oral testimony is competent to show a consideration additional to that expressed in the contract.</p> <p>Same — Principal and Agent — Disputing Authority — Ratification. Where a railroad company accepts a deed of land purchased for it by an agent, it cannot dispute the agent’s authority to agree to pay a consideration additional to that recited as the consideration in the deed.</p>