Practice question
A party properly puts in issue in a verified pleading that the writing failed to express the parties’ true intent. What does section 10 permit?
- No evidence can ever address that allegation.
- Evidence to modify, explain or add to the writing may be presented under the stated exception, subject to proof and other rules.
- The allegation automatically rewrites the agreement.
- The opposing party automatically loses.
- The court must ignore the verified pleading.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 130 section 10: written agreements, parties and successors, verified-pleading exceptions and wills.
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