At the trial, Epstein offered to prove the oral agreement as to the date of payment each month. Is the oral evidence admissible? Why or why not?
Grant leased an apartment to Epstein for the term May 1, at $750 a month “payable in advance on the first day of each and every month of said term.” At the time the lease was signed, Epstein told Grant that he received his salary on the tenth of the month and that he would be unable to pay the rent before that date each month. Grant replied that would be satisfactory. On June 2, due to Epstein’s not having paid the June rent, Grant sued Epstein for such rent. At the trial, Epstein offered to prove the oral agreement as to the date of payment each month. Is the oral evidence admissible? Why or why not?
As per the Parole Evidence Rule, all the required changes that were made during the acceptance contract should be described or aligned with the written contract or documents.
In this case, the oral evidence did not align with the signed contract because of which any separated proof in respect of required changes in the contract is not acceptable.
It is not admissible because the oral proof without having coherence with the contract does not come under the acceptance criteria of the Parole Evidence Rule.
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