Continental Oil Co. v. Bell

I agree with the result, but do not agree that it was error to receive evidence of the parol agreement relating to defendants' right to a refund. Under the facts here it is my view that evidence of the parol agreement was admissible as coming within well-established exceptions to the parol evidence rule.

It is well settled that evidence of a parol collateral agreement, which neither contradicts nor varies the written instrument, is admissible. (10 R.C.L. 1035; 22 C.J. 1282; 2 Nichols on Applied Evidence, p. 1259; 2 Williston on Contracts, p. 1235.) Here it should be noted that for ten months…