Collins v. Southern Brick Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; The admission of parol evidence to establish a contemporaneous collateral substantive agreement does not violate the rule that it will not be admitted to contradict or vary the terms of a written contract. 27 Ark. 511; 56 Ark. 399; 64 Ark. 653; 20 Ark. 460. If a corporation accepts the benefits of an agreement entered into by its promoters, it will not foe permitted to deny that it agreed to assume the…
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; The admission of parol evidence to establish a contemporaneous collateral substantive agreement does not violate the rule that it will not be admitted to contradict or vary the terms of a written contract. 27 Ark. 511; 56 Ark. 399; 64 Ark. 653; 20 Ark. 460. If a corporation accepts the benefits of an agreement entered into by its promoters, it will not foe permitted to deny that it agreed to assume the burdens of the same. 1 Morawetz, § 549. The contract was voidable at the option of appellant. 1 Morawetz, § 49. The…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Pulaski County by the Southern Brick Company, a domestic corporation, against E. T. Collins, to recover on a note executed by the latter for the amount of his stock subscription, and to enforce a lien on the stock certificate. The defendant filed an answer and cross complaint, in which he alleged that he subscribed for the stock and executed the note on condition that he would be made manager of the business of the corporation when organized, and that .said condition had not been performed. He alleged that two of the promoters of the…
2Cases cited1 opinion
- Mississippi, Ouachita & Red River R. R. v. CrossSupreme Court of Arkansas · 1859
3Cited by11 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Cox v. SmithSupreme Court of Arkansas · 1911
- Bergman v. EvansWashington Supreme Court · 1916
- Caddo River Lumber Co. v. GroverSupreme Court of Arkansas · 1916
- Val Verde Hotel Co. v. HubbellNew Mexico Supreme Court · 1921
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