Asher Bros. General Illuminating Co. v. General Illuminating Co.

Plaintiff, as assignee of L. E. Asher and C. C. Asher, brought this action to recover compensation for services alleged to have been performed under an oral agreement, which was entered into “simultaneously” with a written agreement covering the same subject matter. The defendant interposed a demurrer to the complaint, which was overruled. Defendant then answered, denying the alleged oral agreement. Upon trial of the issues, defendant objected to the introduction of evidence of the alleged oral agreement, on the ground that it tended to vary and contradict the terms of the written contract.…