Radebaugh v. Dillon

The opinion of the court was delivered by

Hopkins, J.:

This controversy presents the- question whether parol evidence was admissible to show an oral contract made contemporaneously with a written contract. The trial court held the evidence was not admissible and rendered judgment for defendant. The plaintiff appeals.

On March 3, 1921, the plaintiff and defendant entered into a written contract wherein the defendant agreed to convey to the plaintiff certain real estate in exchange for a stock of groceries and other merchandise. On March 4 the plaintiff executed to the defendant a bill of sale…