Pitcairn v. Philip Hiss Co.
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. The contract on which the plaintiffs brought suit was made out by the following written proposals and acceptances: “January 28th, 1899. “Mrs. Robert Pitcairn, Pittsburgh, Pa. Dear Madam—Below please find our estimate for the complete decoration of walls and ceilings of your main, first, second and third halls. “The protecting and cleaning of the floors and woodwork is included.
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In Error to the Circuit Court of the United States for the Western District of Pennsylvania. The contract on which the plaintiffs brought suit was made out by the following written proposals and acceptances: “January 28th, 1899. “Mrs. Robert Pitcairn, Pittsburgh, Pa. Dear Madam—Below please find our estimate for the complete decoration of walls and ceilings of your main, first, second and third halls. “The protecting and cleaning of the floors and woodwork is included. The ceilings to be gilded in dull gold and overlaid with a carefully designed ornament of appropriate style, in rich Italian…
1Opinion of the Court
ARCHBALD, District Judge.
According to the modern and better view, the rule which prohibits the modification of a written contract by parol is a rule, not of evidence, but of substantive law. 21 A. & E. Enc. Law (2d Ed.) 1079; Thayer’s Evidence, p. 390 et seq.; 1 Greenleaf, Evidence (16th Ed.) § 350a. Parol proof is excluded, not because it is lacking in evidentiary value, but because the law for some substantive reason declares that what is sought to be proved by it (being outside the writing by which the parties have undertaken to be bound) shall not be shown. Where, by statute, a writing is…
2Cases cited3 opinions
- Bogk v. GassertSupreme Court of the United States · 1893
- Moody v. McCownSupreme Court of Alabama · 1865
- Hamilton v. New York Central RailroadCommission of Appeals · 1872
3Cited by24 opinions
- Harding v. RobinsonCalifornia Supreme Court · 1917
- Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943
- Bushnell v. ElkinsWyoming Supreme Court · 1926
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- Bauer v. MonroeMontana Supreme Court · 1945
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