Downs v. Jersey Central Power & Light Co.

The opinion of the court was delivered by

Hehek, J.

With the exception herein noted, we concur in the findings of fact made by the learned vice-chancellor, and his conclusion that complainant is entitled to equitable relief.

We do not, however, subscribe to the doctrine, enunciated in his opinion, that the parol evidence rule may be “applied or disregarded in courts of equity as the ends of justice required.” It is elementary that if the written contract purports to contain the whole agreement, and it is not apparent from the writing itself that something is omitted to be supplied by extrinsic…