We think it very clear that the parol evidence, so far as it related to the plaintiff’s agreement at the time of his discharge from the ship, was rightly admitted at the trial. This evidence is in no respect contradictory to the written contract. It is evidence of a new contract, made on a good consideration, and is binding on the parties.
On the written contract, no action can be maintained, as it has not been performed on the part of the plaintiff. He shipped eight months after the voyage commenced, and was discharged four or five months before it terminated. The parol agreement, therefore, as to his discharge, is essentially necessary to the maintenance of the action. But if it were otherwise, the parol evidence does not contradict m any respect, the written contract. It proves a subsequent contract, and whether that is or is not