York Haven Water & Power Co. v. American Phosphorus Co.

Citations

• 229 Pa. 194
• 78 A. 95
• 1910 Pa. LEXIS 573

Syllabus

<p>Contracts — Ambiguity—Evidence—Parol evidence — Fraud, accident, mistake.</p> <p>1. In the absence of fraud or mistake, clearly proven, parol evidence cannot be introduced to vary, reform or in any way affect a written agreement.</p> <p>2. Where a written contract in plain and explicit terms provides for monthly payments for electric power furnished, and that the amount of each monthly payment shall consist of a charge for power and in addition thereto a charge for service, when not used, there is no ambiguity as to payments for power justifying the admission of evidence of letters and negotiations preceding the written contract to explain an alleged ambiguity as to what rates and deductions are to be made under a provision of the contract reading: “The Power Company will not make any rebates or deductions in any of its bills for less than 250 H. P. as a minimum power to be used ten months in each year.”</p>