Morris v. Brokab Corp.

Appellate Terms of the Supreme Court of New York

Morris v. Brokab Corp.

191 Misc. 666, 77 N.Y.S.2d 887, 1948 N.Y. Misc. LEXIS 2210

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 1, 1948

StatusPublished

This text of 191 Misc. 666 (Morris v. Brokab Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. Brokab Corp., 191 Misc. 666, 77 N.Y.S.2d 887, 1948 N.Y. Misc. LEXIS 2210 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

A written contract may be cancelled and terminated by a paroi agreement. Evidence offered to establish such fact does not tend to modify or vary the terms of the written contract, but goes to establish termination, not variation. Parol evidence is admissible to show termination of a written contract and that a new oral contract was entered into by the parties. It was error to exclude the proof offered by defendant to establish such fact.

The judgment should be reversed, and new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Church and Eder, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

A written contract may be cancelled and terminated by a paroi agreement. Evidence offered to establish such fact does not tend to modify or vary the terms of the written contract, but goes to establish termination, not variation. Parol evidence is admissible to show termination of a written contract and that a new oral contract was entered into by the parties. It was error to exclude the proof offered by defendant to establish such fact.

The judgment should be reversed, and new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Church and Eder, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

191 Misc. 666, 77 N.Y.S.2d 887, 1948 N.Y. Misc. LEXIS 2210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-brokab-corp-nyappterm-1948.