Connell v. Diamond T. Truck Co.

The evidence is conflicting not only as to the date of the written contract of sale but also as to the date of the alleged oral agreement to rescind it. As a result of this conflict it could be found that the oral agreement was made either after, contemporaneously with, or before the written one. In the event of a finding that the oral agreement was made after the written contract the parol evidence rule would not apply because that rule operates to exclude evidence of only those parol agreements at variance with a written contract which were made contemporaneously with or prior to the…