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113 Wash. 243

Rowe v. Hosher

Washington Supreme Court

Decided November 23, 1920

Washington Supreme Court · decided 1920-11-23

<p>Appeal from a judgment of the superior court for King county, Smith, J., entered November 10, 1919, upon the verdict of a jury rendered in favor of the defendants, in an action of replevin.</p>

Relies on Tingley v. Fairhaven Land Co. · Clements v. Cook · Dignan v. Spurr

Affirmed · Decided 1920-11-23

Per Curiam.

¶1There is but one question presented on this appeal, and that is whether parol evidence is admissible to establish cancellation, and rescission of a written instrument which provided, among other things, that one of the parties thereto should not do certain things “without having first obtained consent in writing” of the other party.

¶2This court has many, times decided that, although a contract may be in writing, parol evidence may be introduced to establish the fact that the parties thereto have mutually rescinded or cancelled such agreement. Dignan v. Spurr, 3 Wash. 309, 28 Pac. 529; Tingley v. Fairhaven Land Co., 9 Wash. 34, 36 Pac. 1098; Quinn v. Parke & Lacy Machinery Co., 9 Wash. 136, 37 Pac. 288; Cooke v. Cain, 35 Wash. 353, 77 Pac. 682; Dinsmore Sawmill Co. v. Falls City Lum. Co., 70 Wash. 42, *244126 Pac. 72; Armstrong v. Wheeler, 86 Wash. 251, 150 Pac. 5; Clements v. Cook, 112 Wash. 217, 191 Pac. 874.

¶3The trial court was therefore correct in allowing the evidence to go to the jury, and the judgment is affirmed.

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