384 Pa. 7 | Pa. | 1956
Opinion by
In this case a draft of a proposed agreement for the leasing of coal lands with certain surface rights for a stripping operation was submitted to the prospective contracting parties. Following a description of the properties, the writing contained eleven consecutively numbered paragraphs of terms and conditions. Paragraph 9 provided that “No modification, alteration, waiver or addition to this agreement or any part thereof, shall be valid or binding or be set up or relied upon by either party unless the same is in writing and signed by Haddock and Petrie. No evidence of any such modifications, alterations, waiver or addition shall be received in any controversy arising out of this agreement, unless it is in writing and signed as aforesaid.”
After tbe lessee removed all of tbe coal, tbe lessors sued to recover damages for tbe lessee’s alleged failure to back fill the excavations made in tbe stripping operation so as to restore tbe land as nearly as possible to its original contour. At trial, tbe plaintiffs offered, and tbe learned trial judge admitted over tbe defendant’s objection, testimony supporting tbe plaintiffs’ complaint. Tbe defendant’s objection to tbe proffered
The action of the learned trial judge was proper. A party’s signature to a contract is designed to evidence his intention to be bound thereby. There is no requirement that a contract be signed at any particular place so long as the signatories attest the meeting of their minds on the basis of the agreed-upon writings and their intention to be obligated accordingly. What the parties to the contract in suit agreed upon before they signed it was that the attached written paragraph 2 was a substitute for paragraph 2 as contained in the original draft. In short, the substitute paragraph 2 was neither a modification, alteration, waiver nor addition to the agreement but was an integral part of the proposed contract at the time the parties executed it. In such event, a party to a contract may show by parol that an added, although unsigned, written provision was an intended constituent part of the agreement between the parties at the time they appended their signatures to the contract. The ruling in Cox v. Burdett, 23 Pa. Superior Ct. 346, 348-350, is directly in point.
In the Cox case, supra, the plaintiffs sued in replevin on a contract that had originally been drawn
The extended and convincing review of the evidence in the instant case by Judge Thompson in the opinion for the court below renders unnecessary our entering upon a consideration of the sufficiency of the testimony adduced by the plaintiffs to support their allegations respecting the timely adoption of the substituted paragraph 2 of the contract. It is beyond dispute, indeed it is conceded by the defendant, that substitute paragraph 2 was an intended part of the original contract by agreement of the parties prior to their signing the contract. All that the appellant argues is that the parties failed to effectuate substitute paragraph 2 as a part of the contract when they neglected to sign the attached writing.
Judgment affirmed.