Eighmie v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action Was brought against defendant, as administrator of the estate of James Collingwood, deceased, to recover damages for a breach of a warranty alleged to have been made by Collingwood on sale of an interest in certain property described in a conveyance thereof, executed by said Collingwood to plaintiff, of the body of which the following is a copy: “ This indenture, made and…
1Opinion of the CourtFinch, J.
Some of the exceptions to the rule which forbids parol evidence varying the terms of a written contract have been recently considered in this court. (Chapin v. Dobson, 7 8 N. Y. 74.) It was then said that the rule does not apply where the original contract was verbal and entire, and a part only was reduced to writing, and that it has no application to collateral undertakings. What was meant by the first of these two exceptions is apparent from the reasoning of the opinion and the authorities brought to its support. It was said of the instrument then in question that there was nothing upon its…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Filkins v. . WhylandNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
- Mitchill v. LathNew York Court of Appeals · 1928
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Smith v. . DotterweichNew York Court of Appeals · 1911
102 more not listed; retrieve them via the Exa API.