Smilow v. Dickerson

Dissenting Opinion by

Mr. Justice Drew:

I do not agree with the majority view. In' my opinion it imperils every written contract where, as here, the parties, without any fraud or mistake, have deliberately put their engagements in writing; further it opens the door wide to the perpetration of fraud of the worst type. To permit this defendant, without alleging or attempting to prove fraud, accident or mistake, to vary and contradict, so as to destroy, the written instrument of July 24, 1944, completely nullifies the parol evidence rule as enunciated by this Court in Gianni v. Russell & Co.,…