Zender v. Seliger Toothill Co.

The action is brought to recover damages for a breach of a contract of employment at an annual compensation of two thousand ($2,000) dollars.

The defendant insists that the contract was in writing,' while the plaintiff contends that it was partly written and partly oral.

It is well settled that oral evidence may be given, not to contradict or vary, but to prove what the contract really was (Condit v. Cowdrey, 123 N. Y. 463), and when a contract is thus made out partly in writing and partly by parol, as here, its construction is a question of fact for the jury.

The rule is well stated in Campbell…