Court of Appeals of Kentucky, 1866

Park v. Price

Park v. Price
Court of Appeals of Kentucky · Decided December 7, 1866 · Peters
1 Ky. Op. 17; 1866 Ky. LEXIS 222

Park v. Price

Opinion of the Court

Opinion op the Court by

Judge Peters:

It is a well-settled principle that parol evidence is not admissible to vary the terms or import of a writing, unless it is alleged in the pleadings that there was fraud or mistake in the execution thereof. This principle is so well established that citation of authorities cannot be necessary.

As appellant’s answer did not contain the necessary allegations to admit the parol evidence, it was properly rejected.

Wherefore, the judgment is affirmed.

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