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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Once I sign an original and the company amends this contract

Customer Question

Once I sign an original and the company amends this contract is the original still binding?
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
An Original contract
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. No. If A and B sign a contract, then unless the contract itself specifically allows it, then A cannot unilaterally amend the contract without B's consent. As such, the amended version is NOT binding - only the original. If you tell me what state this is in, I can provide some legal citation to back this up. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 7 months ago.
State of texas we both signed the amended version so is the original still binding?
Expert:  Ely replied 7 months ago.
If BOTH A and B sign an amended agreement, then the amended agreement controls. One second while I pull up a citation for you.
Expert:  Ely replied 7 months ago.
"The parol evidence rule countenances no such distinction; it precludes enforcement of inconsistent agreements, whether written or oral. Wigmore states: "Now, so far as the phrase `parol evidence rule' conveys the impression that what is excluded is excluded because it is oral—because somebody spoke or acted other than in writing, or is now offering to testify orally—that impression is radically incorrect. * * * So that the term `parol' not only affords no necessary clue to the material excluded, but is even positively misleading." Wigmore on Evidence, 3rd Ed., Vol. IX, § 2400. Corbin refers to the Parol Evidence Rule as "a rule that is as truly applicable to written evidence as to parol evidence." Corbin on Contracts, Vol. 3, § 576, p. 230. From Page on Contracts, Vol. 4, § 2139, p. 3717 we take this statement: "While the written contract usually acts substantially as a merger of prior or contemporaneous oral negotiations, it also operates as a merger of prior written negotiations, as where it merges prior letters between the parties, or a prior written instrument not made part of the subsequent contract * * *. The real objection to the evidence, therefore, is not that it is oral as distinguished from written, but that it is extrinsic—that is, that it tends to prove what is not a term of the contract." Hubacek v. Ennis State Bank, 317 SW 2d 30 - Tex: Supreme Court 1958 In other words, a contract signed by both parties is thought to be FINAL, unless both parties sign an amended contract specifically meant to be put into place of the original. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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