Richards v. Hodges
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at May Term, 1913, of HENDERSON. Civil action to recover the amount of certain notes secured by the defendant to the plaintiff for stock in the Bell-Richards Shoe Company.
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Appeal by plaintiff from Lyon, J., at May Term, 1913, of HENDERSON. Civil action to recover the amount of certain notes secured by the defendant to the plaintiff for stock in the Bell-Richards Shoe Company. The defense is that at the time the stock was purchased and the no.tes given, plaintiff agreed with the defendant that he would accept four notes of-the company in full payment and satisfaction of the notes so given for the stock, and that this agreement was afterwards carried out, and the debt, evidenced by the sixteen notes, thereby settled and discharged. The following synopsis of the…
1Opinion of the Court
Walker, J.,
after stating the case: The general rule is readily admitted, that a contract in writing; complete on its face, cannot be altered by parol evidence of inconsistent agreements previously or contemporaneously made, in the absence of fraud, accident, or mistake. The terms of a written contract cannot be varied ór contradicted in such a way, but all such negotiations are conclusively presumed'to have been merged into the final agreement, of which the writing is, in law, the only memorial. The difficulty arises always in the application of this rule and the determination in any given…
2Cases cited21 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Exum v. LynchSupreme Court of North Carolina · 1924
- Exum v. . LynchSupreme Court of North Carolina · 1924
- Pierce v. . CobbSupreme Court of North Carolina · 1913
- Ipock v. . GaskinsSupreme Court of North Carolina · 1913
- Wright v. KrouskopWyoming Supreme Court · 1940