Ripley v. Paige
Supreme Court of Vermont
Trover, for a quantity of cedar posts and rails. Plea, general issue. Upon the trial in the county court, the plaintiff gave evidence tending to show that previous to the Sth of September, 1836, he owned the posts and rails in dispute, and that the same were upon a farm owed by him in Middlebury; that a negotiation was entered into by the plaintiff and defendant, on the 8th of September, 1836, by which the plaintiff agreed to sell his farm in Middlebury to the defendant for…
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Trover, for a quantity of cedar posts and rails. Plea, general issue. Upon the trial in the county court, the plaintiff gave evidence tending to show that previous to the Sth of September, 1836, he owned the posts and rails in dispute, and that the same were upon a farm owed by him in Middlebury; that a negotiation was entered into by the plaintiff and defendant, on the 8th of September, 1836, by which the plaintiff agreed to sell his farm in Middlebury to the defendant for the sum of $18,000, and agreed to deliver to the defendant a deed of said farm, on the?, first day of October following,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
— The written agreement described the sum therein mentioned as being the consideration, or agreed price for the farm, and for that only. And, hence, extrinsic evidence to show that any subject matter not legally appertaining to the farm, or parcel of it, was also to pass by the same contract, or upon the same consideration, would necessarily operate to vary the description and effect of that contract. The parol testimony, in the present case, so far as it was offered for that purpose, was therefore properly excluded. But the defendant offered…
2Cited by7 opinions
- Byrne v. WernerMichigan Supreme Court · 1904
- Hackett v. AmsdenSupreme Court of Vermont · 1885
- Wadleigh v. JanvrinSupreme Court of New Hampshire · 1860
- Glidden v. BennettSupreme Court of New Hampshire · 1861
- Harwood v. Estate of HarwoodSupreme Court of Vermont · 1850
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