[i] Contract—Written Instrument—Modification.—A contract in writing cannot be modified by oral negotiations leading up to its execution or by a subsequent or contemporaneous oral agreement in contradiction of its terms.

1. Supplementing written contract by proof of collateral oral agreement, note, Ann Cas. 1914A, 454.

[2] Building Contract—Time of Payment of Installments—Side Agreement Between Owner and Contractor — Failure to Record—Void Building -Contract.—A separate and distinct agreement between an owner and building contractor with reference to the time of payment of the installments of the contract price, would invalidate the building contract, if the agreement were not recorded.

[3] Principal and Surety—Release of Contractor’s Surety—Undisclosed Side Agreement Between Owner and Contractor.— The making of a side agreement between an owner and contractor with reference to payment of installments of the contract price without disclosing the existence thereof to the contractor’s surety, would release the surety on the ground of fraud.

[4] Id.—Agreement Between Contractor and Corporation—Advancement of Moneys During Work—Assignment of Payments—Surety on Contractor’s Bond not Released.—Where a pipe-line company, sixty per cent of whose stock was owned by an oil company and who had the same general manager as the oil company, made an agreement with the oil company’s building contractor to advance certain moneys to the contractor at specified intervals during the construction of oil reservoirs, in return for the contractor’s notes secured by assignment of payments due under the building contract, such agreement did not discharge the surety on the contractor’s bond on the ground that it modified the building contract providing for payments to the contractor at different stages of the work under section 1184 of the Code of Civil Procedure, without- disclosure to the surety, in the absence of any showing that the agreement was made for the purpose of defrauding the surety.

[5] Id.—-Construction of Contract—Right of Surety.—While the surety is entitled to stand upon the strict letter of his contract and insist that the same shall not be altered, this does not mean that he is entitled to invoke equity to read into the written contract provisions not contained therein, for the purpose of defeating his own obligation.

[6] Id.—Indemnity Agreement—Right of Owner to Sue.—The owner is entitled to sue upon a contract between the contractor’s surety and ,an indemnitor wherein the latter agreed to pay the surety all damages for which the surety should become responsible upon the bond before it should be compelled to pay the same.