ROCK-OLA MANUFACTURING CORPORATION v. WERTZ

No. 8027.

282 F.2d 208 (1960)

ROCK-OLA MANUFACTURING CORPORATION, Appellant, v. Dan M. WERTZ, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 24, 1960.


Attorney(s) appearing for the Case

John S. Davenport, III, Richmond, Va. (Angus H. Macaulay, Jr., Denny Valentine & Davenport, Richmond, Va., Louis M. Mantynband, Henry J. Shames, and Arvey, Hodes & Mantynband, Chicago, Ill., on brief), for appellant.

R. R. Ryder, Richmond, Va., for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


SOBELOFF, Chief Judge.

A problem of the application of the parol evidence rule is presented here in a not unfamiliar form. The judgment appealed from is based upon testimony of an oral agreement which was permitted over objection to be introduced at the trial in contradiction of explicit provisions of the subsequent written contract of the parties. This, we conclude, was error for which the judgment must be reversed.

The action was brought in the District...

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