Wodock v. Robinson

Citations

• 148 Pa. 503
• 28 W.N.C. 288
• 24 A. 73
• 1892 Pa. LEXIS 1012

Syllabus

<p>Agreement in writing — Lease under seal — Parol evidence to vary, only admissible on allegation of fraud, accident or mistake.</p> <p>It is a rule too firmly rooted in justice and honesty to be easily eradicated from any system of wise laws that all negotiations, all conversations, all oral promises, all verbal agreements, are forever merged in, superseded and extinguished by the sealed instrument which is the final outcome and result of the bargaining of the parties:</p> <p>Unless fraud, accident or mistake be averred, the writing constitutes the agreement between the parties, and its terms can neither be added to nor subtracted from by parol evidence.</p> <p>Plaintiff’s statement in trespass for damages for personal injuries set forth a written lease of the premises through the lack of repair of which the injury occurred to her husband, in which the lessee expressly covenanted to keep the premises in good order and condition during the term; and further set forth that at the time of the execution of the lease, and before and afterwards, the condition of the premises being called to the notice of lessor, lessor had agreed to repair the same and put and maintain the same in good and safe condition, and that said agreement was part and portion of said lease. Defendant demurred:</p> <p>Held, That the alleged agreement was flatly contradictory of the terms of the lease and inadmissible in contradiction of the same in the absence of any allegation of fraud, accident or mistake.</p>