Nye v. Pittsburg Co.
Nye v. Pittsburg Co.
Opinion of the Court
Opinion by
There is no error in this record of which the appellant has reason to complain. The court below narrowed the margin of fact upon which the jury could base a verdict beyond what the case in our judgment warranted, but of this the appellant cannot complain. It was well observed in Phillips v. Meily, 106 Pa. 536, by the then Mr. Justice Paxson, that “ The English rule that parol evidence is inadmissible to vary the terms of a written instrument does not exist in this state. The cases are numerous upon this point. It is sufficient to refer to Kostenbader v. Peters, 80 Pa. 438. It would perhaps be more accurate to say that the rule has been relaxed, for the guards which this court has thrown around the modification of the rule have to some extent preserved the rule itself. In the present condition of the law of evidence public policy requires that we should do nothing to increase the facilities for destroying written instruments. As was well observed by our Brother Trunkey in the recent case of Juniata Building and Loan Association v. Hetzel, 103 Pa. 507, ‘Now that parties are competent witnesses each may oppose his oath to the other’s, and certainly when written contracts or obligations are sought to be impeached by defenses purely equitable the reason is stronger than formerly for enforcing the rules of evidence applicable to cases in equity.’ ” The rule above stated has prevailed in Pennsylvania since Herr, Lessee, v. Kirkbride, tried at nisi prius in Bucles county, March 24, 1773, which case was authoritatively reported by Mr. Chief Justice Tilghmait, in his opinion in Wallace v. Baker, 1 Binney, 610.
It was not necessary, however, to invoke this rule in the present case. It is not the case of a written instrument varied in its effect by parol testimony. It is admitted by the appellant that the letter of the 8th of September was not the contract. It is sought however to bind the appellee by the letter of the 15th of September, 1890, and by a subsequent agreement for the sale of a lot and the erection of a house dated the 10th of January, 1891, which became executed by the deed of the appellant to the appellee and the mortgage of the appellee and wife to the appellant dated the 2d of February, 1891, and to exclude entirely all that led to and induced these written evidences of a broader and more comprehensive contract. The
It follows, from what we have said, without further discussion, that the court could not have properly answered any of the appellant’s points as requested, denying the right of the plaintiff in the court below to recover. The assignments of error are therefore all overruled and the judgment is affirmed.
Reference
- Full Case Name
- N. P. Nye v. The Pittsburg Company
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- 3 cases
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- Syllabus
- Contract — Written agreement — Parol evidence. Plaintiff sued for wages as a locomotive engineer, alleging employment by a parol agreement by the manager of the defendant, that at the time of employment it was agreed he should buy a lot of land from the defendant and be assisted by it towards the construction of a house for which he was to pay at stipulated rates of installments, and that his employment was to continue until the house was paid for. After repeated parol negotiations defendant’s manager addressed a letter to plaintiff stating therein, “ pursuant to our conversation about the matter of employment with us would say that our people have considered the matter and think favorably of it, with this exception that if you receive the full price of $85.00, and a boy is sufficient to do the work of a fireman, they would pay suitable wages for a boy,” making an offer of $85.00 per month for plaintiff but not therein alluding to the purchase of lots or the term of employment. It was disputed whether the terms of this letter were expressly accepted. Held, that the letter did not constitute the entire contract between the parties and that it was not error for the court to submit to the jury whether the contract of employment was made prior to the receipt of the letter by parol agreement. It is not the case of a written instrument varied in its effect by parol testimony nor of parol evidence to establish a contemporaneous oral agreement which induced the execution of a written contract.