African Films Trust Ltd v Popper [1915] ZATPD 32 (3 May 1915)

Contract.-Writing.---Collateral parol arrangement.
Evidence.-Parol agreement.-Memorandum in writing.- Variation by subsequent parol agreement.-Admissibility.

On the 6th November A entered into a verbal agreement with P, under which A -agreed to pay P £7 10s. per week for the right to supply bioscope films to tea rooms. On the 7th November P borrowed £43 7s. from A, for which P gave A a promissory note due the following February and against which A was to retain the £7 10s. per week until the amount of the promissory note had been reached. On the 14th November the contract of the 6th November Wal! put into writing and signed by both the parties, but no
reference was made to the arrangements of the 7th November. In an action by P against A for payment of the amounts due by A under the written contract of the 14th November :

Held, that the written contract of the 14th November was merely a memorandum in writing of the contract of the 6th November, that it was therefore open
to the parties to plead that the written memorandum did not contain the whole contract and that there was a new contract on the 7th November varying the original contract and not contained in the memorandum.
Held, further, that even assuming the contract of the 14th of November to have been the contract between the parties, parol evidence was admissible to show
a distinct collateral parol arrangement on the 7th November which did not in any way alter the written contract.