Rowe v. Hosher
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Smith, J., entered November 10, 1919, upon the verdict of a jury rendered in favor of the defendants, in an action of replevin.
1Per curiam
There is but one question presented on this appeal, and that is whether parol evidence is admissible to establish cancellation, and rescission of a written instrument which provided, among other things, that one of the parties thereto should not do certain things “without having first obtained consent in writing” of the other party.
This court has many, times decided that, although a contract may be in writing, parol evidence may be introduced to establish the fact that the parties thereto have mutually rescinded or cancelled such agreement. Dignan v. Spurr, 3 Wash. 309, 28 Pac. 529; Tingley…
2Cases cited7 opinions
- Tingley v. Fairhaven Land Co.Washington Supreme Court · 1894
- Clements v. CookWashington Supreme Court · 1920
- Dignan v. SpurrWashington Supreme Court · 1891
- Armstrong v. WheelerWashington Supreme Court · 1915
- Dinsmore Sawmill Co. v. Falls City Lumber Co.Washington Supreme Court · 1912
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