Pargiter v Bartley [1912] ZAWLD 8 (4 April 1912)

Reported
Flynote

Evidence.-Parol to Vary Wiitten.-Evidence of Addi
tional Consideration.-Fraud.-Master and Servant.
-Rescission of Contract of Employment on ground of
Employee's Fraud.-Fraudulent Management of a
Business.

Case summary

Where one consideration is stated in a written contract
any other consideration which existed can be proved
by parol evidence, provided that such other considemtion
-is not in contradiction to the written contract.
It is not in cont-radiction to prove a larger consideration
than that stated in the writing.
l f a person contract to float a company to carry on a busi
ness formerly carried on by another, and to have the
latter appointed manager thereof, the former is entitled
to rescind the agree-ment to appoint the latter
manager, if prior to such appointment the former
discovers that the latter has been guilty of fraudulent
misconduct in the previous management of the
business.


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