
    M‘Kinney against The Lessee of Leacock.
    In Error.
    THIS was a writ of error to the Common Pleas of Mercer county, to remove the record of the proceedings in an ejectment, with which a bill of exceptions was returned.
    The material exception was, that the Court below had permitted parol evidence to be given on the part of the plaintiff that a certain John Walker was the agent of Probst and-Lodge, when it appeared that a contract in writing existed in relation to the said agency.
    Parol evidence cannot be given of a fact, in relation to •which there exists a contract in ■writing.
    Baldwin, for the plaintiff in error.
    
      Foster, for the defendant in error.'
   Per Curiam.

The case is extremely plain. The parol evidence was improper to prove the contents of a writing.

Judgment reversed, and a Venire de novo awarded. Also restitution awarded of the possession of the land, and of the costs levied on an execution taken out by the plaintiff in the Court below.  