Sire v. Rumbold
City of New York Municipal Court
Appeal from trial term. Action by Henry B. Sire against George W. Rumbold and others for rent ■under a lease. The jury found a verdict for defendants. From the judgment for defendants entered thereon, plaintiff appeals.
1Per curiam
We adhere to the rule that paroi testimony cannot be received which tends to alter or vary the terms of a written instrument, and hold that the oral testimony admitted here did not violate this elementary principle. The seventeenth paragraph of the lease recites that the landlord intends to build upon the demised premises and those adjoining, and that, while the building continues, the rent is to be $100 a month, instead of $125, •as provided for in the first portion of the lease. We treat this provision as a •declaration by the landlord that material changes were to be made affecting the…
2Cases cited1 opinion
- Green v. ShuteCity of New York Municipal Court · 1889
3Cited by1 opinion
- Chamberlain v. BrownSupreme Court of Iowa · 1909