Mitchill v. Lath
Court of Appeals of New York
160 N.E. 646 (1928)
Charles Lath (defendant) owned a farm and, across the road on another person's property, an icehouse; when he contracted in 1923 to sell the farm to Catherine Mitchill (plaintiff) for $8,400, she found the icehouse objectionable and, alongside the written sale agreement, Lath orally agreed to remove it the following spring. After Mitchill took possession, Lath refused to remove the icehouse, and she sued for specific performance of the oral agreement; the trial court and appellate court both ruled for Mitchill, and Lath appealed.
Whether written or oral evidence that constitutes a parol collateral agreement distinct from and independent of a final written agreement is admissible in a court of law.