Hallowell v. Lierz
Hallowell v. Lierz
Opinion of the Court
Opinion by
The defendant resists payment of the plaintiff’s claim because he says the plaixxtiff’s agent pi’omised to send him two theatre tickets every week, and said that he could change his advertisement whenever he wanted to. This was not contained in the written contract and the defendant testified that when he called the attention of the agent to the omission, the latter replied that he was the “ boss of the programme,” arxd “ I am the man who is running this business.” It is apparent therefore that the omitted part of the contract was not left out of the instrument by any mistake, or by any fraud. The defendant knew
Judgment reversed and new venire awarded.
Reference
- Full Case Name
- C. E. Hallowell, Trading as Hallowell & Co. v. Henry Lierz
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Contract—Parol evidence to vary written instrument. A wi'itten contract to insert an advertisement in a theater programme contained on its face these words: ‘ ‘ The publishers are not bound by any agreement other than that expressed on the face of this contract.” It also contained these words: “ No verbal agreement recognized.” In an action to recover the contract price for the insertion of the advertisement, defendant testified that the plaintiff’s agent promised to send him two theater tickets every week, and said that he could change the advertisement whenever he wanted to. Defendant also testified that when he called the attention of the agent to the omission of these provisions in the written contract, the latter replied that he was the “ boss of the programme,” and “ I am the man who is running this business.” Held, that the defendant’s evidence as to the statement made by plaintiff’s agent was inadmissible as a defense to the suit.