Kennedy v. Lynch Timber Co.

(after stating the facts). It was permissible for plaintiff and Chandler to make further agreements and stipulations deemed necessary by them as a result of Chandler’s failure to get out the full number of ties agreed upon, and his failure to deliver as a result of a dry spring season. Testimony of their agreement or agreements made after the execution of the contract does not infringe the rule excluding parol proof varying the terms of a written agreement. As between Chandler and the plaintiff it was competent for them to make such agreement or agreements as they saw fit with reference to…