 ... to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible...  A Preliminary Treatise on Evidence at the Common Law - Página 394por James Bradley Thayer - 1898 - 636 páginasVisualização integral - Acerca deste livro
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1911 - 952 páginas
...or declarations at the time when it was completed, or afterwards, as it would tend in many instances to substitute a new and different contract for the...prejudice, possibly, of one of the parties, is rejected." (To same effect see O'Neil v. Burnley, 21 R., 936; Warland v. Secrest, 106 Ky., 711; Crane v. Williamson,... | |
 | New Jersey. Court of Chancery - 1868 - 624 páginas
...and is to be administered by her executor, as portion of her residuary estate. Parol cotemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument. 1 Greerd. on Ev., § 275. There is no material difference of principle, in the rules of interpretation,... | |
 | Arkansas. Supreme Court - 1853 - 884 páginas
...declarations at the time when it was completed or afterwards, as it would tend, in many instances, to substitute a new and different contract for the...prejudice possibly of one of the parties, is rejected." (1 Greenl. Ev. 398.) So far, therefore, as regards Danley, or the complainant, as his representative,... | |
 | Florida. Supreme Court - 1887 - 562 páginas
...meaning. Story on Contracts, second edition § 639 2 Evan's Pothier on Obligations, 37. The rule that "parol contemporaneous evidence is inadmissible to...or vary the terms of a valid written instrument," is said to admit of an exception when, in equity, a party seeks a specific performance of an agreement,... | |
 | Georgia. Supreme Court - 1884 - 922 páginas
...motion the court overruled, and plaintiffs excepted. We recognize the rule contended for that ordinarily parol contemporaneous evidence is inadmissible to...contradict or vary the terms of a valid written instrument when the contract is plain and unambiguous upon its face. But that is not the question alone made by... | |
 | Georgia. Supreme Court - 1847 - 710 páginas
...testimony of conversations, or declarations at the lime it was completed, or before, would tend often to substitute a new and different contract, for the one which was really agreed upon — and of course usually to the prejudice of the party opposed to it. . Again, it has been thought... | |
 | Louisiana. Supreme Court - 1849 - 814 páginas
...before or at the time of making said acts. It is substantially the same as that of the common law, that parol, contemporaneous evidence is inadmissible to...contradict or vary the terms of a valid written instrument ; and the same interpretation appears to have been given to both by the civil and common law courte.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1886 - 744 páginas
...light of the circumstances under which they are made, and this is no infringement of the rule that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a written instrument. Showing the circumstances under which the contract is made, and the subject-matter... | |
 | Illinois. Supreme Court - 1910 - 726 páginas
...or declarations at the time when it was completed, or afterwards, as it would tend in many instances to substitute a new and different contract for the...prejudice, possibly, of one of the parties, is rejected." (Graham v. Sadlier, 165 111. 95; Tclluride Power Co. v. Crane Co. 208 id. 218.) The rule is a familiar... | |
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