Legal Opinion

Peak v. Blythe

Court of Appeals of Texas

Decided April 17, 1877No. 31, Op. Book No. 1, p. 168Published

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

  1. Rockmore v. DavenportTexas Supreme Court · 1855
  2. Roberts v. ShortTexas Supreme Court · 1846
  3. Heatherly v. RecordTexas Supreme Court · 1854
  4. Epperson v. YoungTexas Supreme Court · 1852

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