Mooney v. Boyd

(After stating the foregoing facts.) 1. Code § 38-501 provides as follows: “Parol contemporaneous evidence is inadmissible generally to contradict or vary the terms of a valid written intrument.” The contract here, which is absolute and complete upon its face, provides in unambiguous terms that the plaintiff is liable to the defendant for his broker’s commission, to be taken out of the earnest money paid over to him, unless the seller fails to furnish good title to the premises. It is not alleged that the seller (that is, the lessor) defaulted in any way, but on the contrary it is alleged…