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" In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument. "
The Encyclopedic Digest of Virginia and West Virginia Reports: Being a ... - Σελίδα 682
επεξεργασία από - 1907
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 17

New Jersey. Court of Chancery - 1868 - 624 σελίδες
...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,...

Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 4

Florida. Supreme Court - 1887 - 562 σελίδες
...ordinary meaning. Story on Contracts, second edition § 639 2 Evan's Pothier on Obligations, 37. The rule that "parol contemporaneous evidence is inadmissible...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,...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 69

Georgia. Supreme Court - 1884 - 922 σελίδες
...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...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 3

Louisiana. Supreme Court - 1849 - 814 σελίδες
...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...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 Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 58

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 σελίδες
...in the 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...

Lower Canada Reports: Décisions Des Tribunaux Du Bas-Canada, Τόμος 11

1861 - 758 σελίδες
...exception. No rule of evidence was of greater importance or better established than the rule " that parol evidence is inadmissible to contradict or vary the terms of a valid written instrument." (1) There was only one english case to be found amongst the authorities cited by the respondent's counsel,...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 1

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1862 - 466 σελίδες
...error, and presents the main question in the case. There is no principle of law better established, than that parol contemporaneous evidence is inadmissible...contradict or vary the terms of a valid written instrument. (1 Greenleaf Eo. 275.) It is not that an unwritten contract is less binding upon parties to it, in...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 31

Nathan Howard (Jr.) - 1866 - 656 σελίδες
...the verbal agreement relating to that subject ought therefore to have been admitted. The general rule that " parol contemporaneous evidence is inadmissible...contradict or vary the terms of a valid written instrument " does not apply in cases where the original contract was verbal and entire, and a part only of it...

A Treatise on the Law of Evidence, Τόμος 1

Simon Greenleaf - 1866 - 756 σελίδες
...possibly, of one of the parties, is rejected.2 In other words, as the rule is now more briefly expressed, " parol contemporaneous evidence is inadmissible, to contradict or vary the terms of a valid written instrument."8 i Dig. lib. 20, tit. 1,1. 4; Id. lib. 22, Civil Law, — Contra scriptum testiraonitit...

The Law of Remedies for Torts, Or Private Wrongs

Francis Hilliard - 1867 - 664 σελίδες
...to conveyancet. 8. Loss of writings. 6. In case of ttase. 15. As to application of writings. § 1. "PAROL contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument;"1 though it may be read by the light of surrounding circumstances, to understand the intent...




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