Blackstad Mercantile Co. v. Parker
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at tbe April Term, 1913, of "Wake. Civil action tried on appeal from court of justice of tbe peace, in tbe Superior Court. Plaintiff declared on a written contract for pnrcbase of a lot of cheap jewelry, to tbe amount of $198, tbe order containing a stipulation as follows: Date, July 14, 1911. BlACKSTAD MERCANTILE COMPANY, St. Louis, Mo.
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Appeal by plaintiff from Garter, J., at tbe April Term, 1913, of "Wake. Civil action tried on appeal from court of justice of tbe peace, in tbe Superior Court. Plaintiff declared on a written contract for pnrcbase of a lot of cheap jewelry, to tbe amount of $198, tbe order containing a stipulation as follows: Date, July 14, 1911. BlACKSTAD MERCANTILE COMPANY, St. Louis, Mo. GentleMen : — On your approval of tbe terms and conditions of the above order, please deliver to us, at your earliest convenience, f. o.» b. factory or distributing point, tbe goods above listed on the above terms. We…
1Opinion of the Court
Hoke, J.,
after stating the case: The reception of the evidence of the defendant Parker and the charge of the court in reference thereto are in accord with several recent decisions of the Court on the subject. Garrison v. Machine Co., 159 N. C., 285; Bowser v. Tarry, 156 N. C., 35; Pratt v. Chapin, 136 N. C., 350.
In Bowser’s case, supra, the Court, after approving the general rule that oral evidence will not be received to contradict or vary a written contract, made statement of the present position as follows: “While this position is unquestioned, it is also fully understood that although a…
2Cases cited9 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- Kelly v. . OliverSupreme Court of North Carolina · 1893
- Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
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