Hickman Ebbert Co. v. Asa W. Allen Co. ( 1916 )

Smith, C. J.,

delivered the opinion of the court.

Appellee’s defense is, not that the contract sued on “never had any legal existence because its execution was procured by fraud,” but that the provision therein relative to the discount to be allowed does not express the real agreement entered into at the time the contract was signed; in other words, the attempt here is simply to vary the terms of a written contract by parol.

Reversed and remanded.