125 Ark. 492 | Ark. | 1916
(after stating the facts). It is contended for appellants that the court erred in allowing the introduction of the oral testimony to vary and contradict the terms of the written contract for the sale of the bonds and the contention must be sustained.
It is admitted that the bid was submitted and the contract as set out for the purchase of the bonds duly executed by the parties and it is not claimed that there was any fraud in its procurement and cannot be claimed that there is any uncertainty or ambiguity in its terms. The oral testimony was contemporaneous with the making of the contract, which was written and executed thereafter and makes no mention even of any agreement on the part of appellants to furnish $3,000 for expenses of preliminary work and Mr. Gunter of appellant firm denies, that there was any such agreement although he admits that afterwards when the commissioners desired'an advance of that sum he was willing to procure and furnish it upon the execution of such a note by them as would be satisfactory.
It is true it has been held that parol evidence is admissible to explain an indefinite term in a written contract, to add to a written contract some term or provision where the writing on account of fraud or mistake does not contain all of the contract. “But where the written contract is plain, unambiguous and compíete in its terms, it has been uniformly held by this court, that parol evidence is not admissible to contradict, to vary or to add to any of its terms. ” Cox v. Smith, 99 Ark. 218; Collins v. Southern Brick Co., 92 Ark. 504; Lower v. Hickman, 80 Ark. 505; Johnson v. Hughes, 83 Ark. 105.
Such provision would be an addition to the written contract and vary its terms and the testimony relating thereto was incompetent and the court erred in permitting its introduction.
The judgment is reversed for said error and the cause remanded for a new trial.