Third-party evidence of contemporaneous variation may be admitted where written contractual terms affect that person's interests. Persons who are not parties to a written instrument, and their representatives in interest, may prove facts showing a contemporaneous agreement varying ... Summary
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Third-party evidence of contemporaneous variation may be admitted where written contractual terms affect that person's interests.
Persons who are not parties to a written instrument, and their representatives in interest, may prove facts showing a contemporaneous agreement varying its terms where the agreement affects their interests. The parties to the instrument cannot use such evidence to alter their own written bargain. Thus, an oral credit arrangement accompanying a written sale contract requiring payment on delivery may be established by an affected third person, but not between the buyer and seller.
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