4 Pa. 493 | Pa. | 1846
We are of opinion the plaintiff is entitled to judgment on the first point. It has been repeatedly ruled, that oral testimony is not admissible to contradict, vary, or materially affect, by way of explanation, any written contract. There are some exceptions to the rule, founded in mistake, or fraud, but they never have been extended so far as to admit evidence of a distinct, independent, parol agreement, which varies, alters, or contradicts the written contract, whether by bond, promissory note, bill of exchange, or by a check, which is in the nature of a bill of exchange. This point was decided by Lord Ellenborough, at Nisi Prius, in Hoare et al. v. Graham, 3 Camp. 56. In that case it is ruled, that in an action on a promissory note, or bill of exchange, the defendant cannot give in