Hull v. Brown
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County.. This action was originally brought and tried in justice’s court, where plaintiff obtained a judgment, from which defendant appealed to the circuit court.
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APPEAL from the Circuit Court for Bock County.. This action was originally brought and tried in justice’s court, where plaintiff obtained a judgment, from which defendant appealed to the circuit court. The complaint alleges that in April, 1870, the plaintiff purchased of the defendant one of Gunnison & Sherman’s broadcast sowers and cultivators, and, at defendant’s request, authorized one James Hull to sign an order for the same ; that he gave his note therefor payable to Gnnnison & Sherman, for the sum of seventy-five dollars and interest, upon the express agreement made with defendant, that…
1Opinion of the CourtCole, J.
There can be no doubt about the correctness of the legal proposition stated in the brief of counsel for the defendant, viz: that parol testimony is inadmissible to vary, contradict or add to a contract which has been reduced to writing, and that, in the absence of all allegation of fraud or mistake, it will be presumed that the written agreement expresses the final intention of the parties upon the subject matter of the contract. It is needless to remark that this rule of evidence is elementary. And therefore it is entirely clear, that if the plaint*657iff had .brought an action against Gunnison…
2Cases cited1 opinion
- Vogel v. MelmsWisconsin Supreme Court · 1872
3Cited by7 opinions
- Harriss, Magill & Co. v. John H. Rodgers & Co.Supreme Court of Virginia · 1925
- Cooper v. HuerthWisconsin Supreme Court · 1914
- Lingelbach v. LuckenbachWisconsin Supreme Court · 1919
- Pierce v. RothwellWyoming Supreme Court · 1928
- McCord v. Edward Hines Lumber Co.Wisconsin Supreme Court · 1905
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