Peak v. Blythe
Court of Appeals of Texas
Appeal from Dallas County.
1Opinion of the Court
Opinion by
Ector, P. J.
§ 7. Parol evidence to vary written contract. The general rule of. law is, that such evidence is inadmissible to contradict or vary the terms of a valid written instrument. [1 Greenl. Ev. §§ 275, 276; Heatherly v. Record, 12 Tex. 50; Keith v. Garrett, 29 Tex. 52; Self v. King, 28 Tex. 553; Reid v. Allen, 18 Tex. 243; Rockmore v. Davenport, 14 Tex. 602.]
*13April 17, 1877.
§8. Parol evidence, when admissible. The written contract may be contradicted when fraud or mistake is alleged and proven. Or when the written contract is of doubtful meaning, it may be explained by parol…
2Cases cited4 opinions
- Rockmore v. DavenportTexas Supreme Court · 1855
- Roberts v. ShortTexas Supreme Court · 1846
- Heatherly v. RecordTexas Supreme Court · 1854
- Epperson v. YoungTexas Supreme Court · 1852