Mushcart v. Scher

The plaintiff brings this action upon a written contract which reads in part: “ 14. The parties hereto agree that should there be found more taxes due from the Abber Realty Co., Inc., either to the Federal Government or to the State Government for the period up to January 1, 1927, that then and in that event, the party of the second part will pay to the party of the first part, on demand, one-half of such additional taxes.”

Upon the trial the plaintiff offers oral testimony to establish that what the parties intended was contrary to what the writing provides and that their real intent was that…