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1 White & W. 12

Peak v. Blythe

Court of Appeals of Texas

Decided April 17, 1877

Court of Appeals of Texas · decided 1877-04-17

<p>Appeal from Dallas County.</p>

Relies on Self v. King · D. & R. Meade v. Rutledge · Roberts v. Short

Decided 1877-04-17

¶1Opinion by

Ector, P. J.

¶2§ 7. Parol evidence to vary written contract. The general rule of. law is, that such evidence is inadmissible to contradict or vary the terms of a valid written instrument. [1 Greenl. Ev. §§ 275, 276; Heatherly v. Record, 12 Tex. 50; Keith v. Garrett, 29 Tex. 52; Self v. King, 28 Tex. 553; Reid v. Allen, 18 Tex. 243; Rockmore v. Davenport, 14 Tex. 602.]

*13April 17, 1877.

¶3§8. Parol evidence, when admissible. The written contract may be contradicted when fraud or mistake is alleged and proven. Or when the written contract is of doubtful meaning, it may be explained by parol evidence. [Roberts v. Short, 1 Tex. 373; Epperson v. Young, 8 Tex. 135; Mead v. Rutledge, 11 Tex. 50.]

¶4Reversed and remanded.

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