"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.