
    The Manhattan Guide Company, Respondent, v. John D. Gluck et al., Appellants.
    Evidence — Parol evidence — Collateral and independent agreements, etc. — Attaching condition preeedent.
    Appeal by the defendants from a judgment of the Municipal Court of the city of New York, sixth district, borough of Manhattan, rendered in favor of the plaintiff.
    Perry Allen, for appellants.
    F. Wakefield Koch, for respondent.
   Per Curiam.

Oral evidence, tending to establish an independent collateral agreement as a condition precedent to a contract becoming operative, is not evidence tending to vary or impeach a written instrument; and its exclusion constitutes reversible error. Benton v. Martin, 52 N. Y. 575; Burke v. Delaney, 153 U. S. 228.

Present: Gildersleeve, Fitzgerald and Davis, JJ.

Judgment reversed and new trial ordered, with costs to appellants to abide event.  