Gammon Enterprises, Inc. v. Vanguard Investment, Inc.

REDMANN, Chief Judge.

Plaintiff appeals from the maintaining of an exception of prematurity to its suit on a written contract of compromise. The exception argued that an unwritten suspen-sive condition, provable by parol evidence, was not fulfilled and therefore the suit was premature.

We reverse. Although parol may be admitted to prove a non-integrated side-agreement, or to show fraud or mutual mistake, nonfulfillment of a suspensive condition may not be the basis for the dilatory exception ground of prematurity.

If indeed the contract must be reformed, on the basis of parol, to contradict its…