Jones v. Holland Furnace Co.

The trial court expressed the view that the writings containing the warranties were ambiguous in their terms and that extrinsic evidence could be received, not to contradict the terms but to explain their meaning and show the real intention of the parties. Counsel for the appellant cite many authorities to the well settled general rule that, in the absence of fraud or mistake, parol evidence of contemporaneous oral agreements between the parties is inadmissible to contradict, alter, or modify the written contract. But there is a qualification as old as. the rule itself to the effect that…