McDowell v. Standard Oil Co.

BRADLEY, Judge.

Appellant filed an action against the appellee in the Circuit Court of Covington County alleging a breach of an agreement to repair a drain cover at a service station which appellant had leased from appellee. Appellee pled in short, etc., and the case proceeded to trial. At the conclusion of appellant’s case appellee moved that evidence of an oral agreement to repair a drain cover at the service station be excluded as a violation of the parol evidence rule. The motion was granted and the appellee rested without introducing any witnesses or other proof.

The appellee thereupon…