In Pennsylvania, parol evidence of the date is allowed.
The general American doctrine is that where the contract is contained in separate writings they must connect themselves by reference, and that parol evidence is not admissible to connect them.
But as the real intention of parties is more likely to be expressed in a written contract, the rule of law is, that parol evidence may not be admitted to contradict or vary the terms of a written instrument.
Oral or parol agreements may be made to do many things, but everywhere the law makes an exception of agreements relating to land purchases.
Both kinds of sales may be by deed or sealed contract as well as by parol or orally.
Parol evidence is admissible to prove the number of persons entitled to vote in a church society, notwithstanding that there is a register of names of the stated hearers in such church kept by the clerk of the trustees.
A latent ambiguity may be explained by parol evidence, for, as the ambiguity has been brought about by circumstances extraneous to the instrument, the explanation must necessarily be sought for from such circumstances.
In the case of a patent ambiguity parol evidence is admissible to explain only what has been written, not what it was intended to write.
As, for example, if the devise is to one of the sons of J S, who has several sons, such an uncertainty in the description of the devisee cannot be explained by parol proof.
We have no uniform rule throughout the United States, either by statute or construction, as to the extent to which parol testamentary evidence is admissible.
When the omission consists of the entire name of the legatee, parol evidence cannot be admitted to supply the blank; for that would amount to a bequest by oral testimony.
Thus, when a blank is left for the Christian name of the legatee, parol evidence is admissible to supply the omission, as in the case of Price v.
It is one of the most troublesome questions in law, as to how far parol evidence can be admitted to ascertain the intention of a testator.
The admissibility ofparol evidence in these cases has given rise to much discussion; it forms one of the exceptions to the general rule, not to admit parol evidence where a will is void for uncertainty.
Parol evidence is not admissible to rebut this presumption.
Parol evidence, however, is not to be admitted in order to investigate the animus with which the act was done, unless there is such doubt and ambiguity, on the face of the papers, as requires the aid of extrinsic evidence to explain it.
In Maryland, the strict rules of construction prevail, and no parol evidence is admitted except as in England.
The practice, in the American courts, of receivingparol evidence of the contents of a lost will, seems to be universal, and without question, notwithstanding the stringent statutory requirements in regard to the mode of executing wills.
The principle was early established, that parol evidence should not be admitted to vary, contradict, or enlarge the terms of a will, and this is still rigidly adhered to.
Parol arrest (Law), an arrest in pursuance of a verbal order from a magistrate.
Parol contract (Law), any contract not of record or under seal, whether oral or written; a simple contract.
My letters do not as a rule require marginal annotations or parol addition to make their meaning clear, and I am credited with sufficient prudence to foresee their consequences before writing them.
That action did not remain, as formerly, the remedy for all binding contracts to pay money, but, so far as parol contracts were concerned, could only be used where the consideration was a benefit actually received by the promisor.
So parol evidence would be admissible, no doubt, to enlarge or diminish the extent of the liability assumed for nonperformance, where it would be inadmissible to affect the scope of the promise.
The rule was laid down, "by parolthe party is not obliged.
The moment it gets into a letter, that moment the parol statement ends.
Here he read from the Ohio Reports, to show that a parol claim, without any written color of title, was sufficient to make the claim.
Simple, or parol contracts, are those not embraced in the three previous classifications which constitute the formal contracts.
Failure to understand and observe the rule restricting parol evidence to vary written contracts leads to a great deal of trouble.
Contracts are sometimes also divided into formal contracts, and simple or parol contracts.
The term parol is a little ambiguous, as it is sometimes used as opposed to a written contract, meaning simply an oral one, and at other times it is used as opposed to the three previous formal contracts.
