What is the test for admitting evidence of conversations between the parties prior to and at the time of a contract?
Saskatchewan, Canada
The following excerpt is from Shields v. Landreth, 1919 CanLII 201 (SK QB):
Considerable evidence was offered at the trial, and received subject to objection, of the conversation previous to, and at, the time of the agreement. I believe that such evidence was wrongly admitted, and that the law is correctly stated in Austin v. Boone, 6 N.S.R. 149. Wilkins, J. at p. 152 says: Where the contracting parties have committed the terms of the contract to writing, especially a writing under seal, an averment by either of the parties as to what was said or understood previously to, or contemporaneous with, the written contract, is excluded.
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