#### Robert Quait, Appellee, v. Horace L. Wortham, Appellant.

Gen. No. 23,572.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. David F. Hatchett, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917. Certiorari denied by Supreme Court (making opinion final).

Affirmed.

Opinion filed June 19, 1918.

Statement of the Case.

Action by Robert Quait, plaintiff, against Horace L. Wortham, defendant, upon a written contract for the payment of a certain annual sum upon stock purchased from defendant. From a judgment for plaintiff, defendant appeals.

Moses, Rosenthal & Kennedy and R. K. Welsh, for appellant.

*454Abstract of the Decision.

Evidence, § 345* — when parol is inadmissible as tending to modify written contract. Contract in writing under which plaintiff agreed to purchase stock from defendant, the latter to have the option to repurchase within 5 years, to vote the stock during that time, to receive the dividends thereon and to pay plaintiff a certain sum per year “during the time” he held the stock “and not otherwise,” held unambiguous, and parol evidence of a prior oral agreement that said sum was to he paid only during the option period of 5 years was properly excluded as tending to modify the written contract.

O’Shaughnessy & O’Shaughnessy, for appellee.

Mr. Presiding Justice Taylor

delivered the opinion of the court.