Shaw Equipment Co. v. Hoople Jordan Construction Co.

ON MOTION FOR REHEARING

In our main opinion we said, “ * * * the undisputed material facts in this case disclose a situation in which the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove vital facts.” In their motion for rehearing appellees say they do not understand the above statement. We shall amplify our statement.

What we had in mind was the application of the parol evidence rule. In Hubacek v. Ennis State Bank, 159 Tex. 166, 317 S.W.2d 30 (1958), our Supreme Court said, “The parol evidence rule is not a rule of evidence at all, but a…