Hubbard v. Marsh

Hays, J.—

This is a proceeding in equity whereby plaintiff asks for an accounting and judgment. Count I of the petition alleges an agreement, partly written, partly oral, and under this agreement claims a percentage of defendant’s profits for the year 1947. Defendant in answer to Count I states that the written agreement is clear, unambiguous and complete in itself ,; that any evidence offered in connection therewith would violate the parol-evidence rule and that plaintiff is bound by the writing, as a matter of law. Other counts of the petition, not set forth in the record but conceded by…