Peschong v. Madden

1 Citing case

  1. Sims v. Grubb

    75 Nev. 173 (Nev. 1959)   Cited 12 times

    Gage v. Phillips, 21 Nev. 150, 26 P. 60, 61. In Peschong v. Madden, 101 Cal.App. 632, 281 P. 1068, the court held that the escrow instructions constituted the entire contract between the parties, and measured their rights and obligations, and oral testimony was improperly received which tended to add to and modify the contract. It was held in Tufford v. Gordon, 217 Mich. 658, 187 N.W. 264, that, in a suit by the vendor for specific performance, brought against the vendee, it would be conclusively presumed that the entire agreement merged in and became a part of the written contract, and that the same could not be varied or changed by parol testimony as to an oral agreement by the vendor to make certain repairs on the building, which it was contended he had neglected or refused to make.