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" Speaking of the exceptions to the general rule, that parol evidence is not admissible to contradict or vary the terms of a written instrument, Mr. "
The Pacific Reporter - Page 319
1891
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 4

Florida. Supreme Court - 1887 - 562 pages
...2 Evan's Pothier on Obligations, 37. The rule that "parol contemporaneous evidence is inadmissible to contradict 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,...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 63

United States. Supreme Court - 1860 - 550 pages
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 13

Illinois. Supreme Court - 1852 - 820 pages
...judgment in proof, is to be tested, it must be set out in the bill of exceptions. McBain v. Enloe, 76. 3. Parol evidence is not admissible to contradict or vary the terms of a written agreement. Abrams v. Pomeroy, 133. 4. The law presumes that an instrument was executed the...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 12

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 774 pages
...stockholders, and payment of the amount subscribed will be enforced, without regard to such agreement. Parol evidence is not admissible to contradict or vary the terms of a written agreement. APPEAL from the Circuit Court for Milwaukee County. The complaint in this case was...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 30

Iowa. Supreme Court - 1872 - 660 pages
...theory of the law. Appellants' counsel urge that the rule of evidence, " that prior or cotemporaneous parol evidence is not admissible to contradict or vary the terms of a valid written instrument," was violated by the court below in the admission of the evidence referred to, and in the instructions...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - 1873 - 760 pages
...Dunphy, 118. 2. Written instrument — deed — intention of parlies — language. Parol contemporaneous evidence is not admissible to contradict or vary the terms of a valid written instrument, but such evidence is competent to enable the court to ascertain the intention of the parties to the...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 63

Virginia. Supreme Court of Appeals - 1873 - 1024 pages
...to the form of the instrument executed by the parties. The rule that parol evidence is inadmissible to contradict or vary the terms of a valid written instrument, is a rule of the common law established by the courts, and founded upon considerations of public. policy...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 14

Florida. Supreme Court - 1887 - 738 pages
...Phill. Ev., 350; 12 Wend., 573; Byles on Bills, marg. p. 192 and note, (i.) The general rule is, that parol evidence is not admissible to contradict or vary the terms of a written contract which is intelligible in its terms, nor to impose upon it a sense which its terms...
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The Central Law Journal, Volume 9

1879 - 540 pages
...implied by law from the indorsement. COOPER, J., in deciding the point said: "The general rule that parol evidence is not admissible to contradict or vary the terms of a written instrument, applies to promissory notes, as has been repeatedly held by this court. Campbell...
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Reports of Decisions in the Supreme Court of the United States, Volume 3

United States. Supreme Court, Samuel Freeman Miller - 1875 - 756 pages
...Barn. and Ad. 65; Nelson v. Boynton, 3 Met. 402. Speaking of the exceptions to the general- rule, that parol evidence is not admissible to contradict or vary the terms of a written instrument, Mr. Green leaf says : "Neither is the rule infringed by the admission of oral evidence...
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