 | Edward Erastus Deacon, Edward Chitty, Great Britain. Court of Review - 1834 - 800 páginas
...for the intended voyage, and retaining 1000/. arising from the proceeds of the sale. It is admitted, that parol evidence is not admissible to vary the terms of a written agreement; but it has been decided, that such evidence may be admitted to raise an equity; Davis v.... | |
 | Charles L. Clarke, New York (State). Court of Chancery - 1841 - 640 páginas
...identify the mortgage that the opposite party cannot reasonably be misled. Sears vs. Barnum, 139 2. Though parol evidence is not admissible to vary the terms of a written instrument, hut such evidence is admissible to show facts, dchors the instrument, though it should... | |
 | William H. R. Wood - 1857 - 834 páginas
...of paper to warrant secondary proof of its contents. Folsom's Executors v. Scott, Oct. T. 1*56. IVi. Parol evidence is not admissible to vary the terms of a written contract so as to make it embrace property not (Jr-teribed therein. Osborn r. Hemlrii-kson, Jan. T. 1857. l'A,... | |
 | California - 1860 - 388 páginas
...also been prepared to introduce a certified copy of the judgment. Aim* v. Jofas«m, 7 Cal. 110. 9. Parol evidence is not admissible to vary the terms of a written contract, so as to make it embrace property not described therein. Oskorn v. Hendricfaon, ib. 282. 10. Parol... | |
 | California - 1872 - 728 páginas
...this Title. NOTE. — Hawley vs. Brumagim, 33 Cal., p. 394; Wescott vs. Thompson, 18 N* Y., p. 367. Parol evidence is not admissible to vary the terms of a written contract. — Lennard vs. Vischer, 2 Cal., p. 37; Osborne vs. Hendrickson, 7 Cal., p. 282. The written contract... | |
 | 1912 - 1262 páginas
...language of the release, but also by the character of the negotiations, preserving, of course, the rule that parol evidence Is not admissible to vary the terms of a written contract. The Instrument above set out does not purport to be a contract, but only a receipt, and. although it... | |
 | Melville Madison Bigelow - 1880 - 748 páginas
...supra, is not noticed in either place. And Mr. Justice Story, in support of his position, refers to the rule that parol evidence is not admissible to vary the terms of a written contract ; a rule which Chief Justice Marshall thought was not infringed by the decision which he pronounced.... | |
 | United States. Circuit Court (4th Circuit), Robert William Hughes - 1883 - 560 páginas
...estimate, but this, if her sailing had been prompt, would have been at the risk of the charterers. Parol evidence is not admissible to vary the terms of a written instrument, but, where ambiguity exists, it may be given in aid of interpretation to show the facts... | |
 | 1916 - 1226 páginas
...of 22 Kan. Drake v. Dodsworth, 4 Kan. 135, recognizes the same principle in the following language: "Parol evidence is not admissible to vary the terms of a written contract, especially when the parol evidence offered is concerning stipulations embraced in the written contract."... | |
 | 1901 - 1164 páginas
...consideration, then his subscription was not open to revocation." And it is said in Beach, Priv. Corp. S 331, that "parol evidence Is not admissible to vary the terms of a subscription to the capital stock of a corporation, or to show a discharge therefrom In any manner... | |
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This may seem to be an exception to the rule that parol evidence is not admissible to vary the terms of a written contract, but it is not so held. 
