Smith v. School District No. 18

MR, JUSTICE MORRIS:

I dissent. The sole question for determination in this action is the interpretation of the written contract between the plaintiff and the school board. The majority decision converts the written contract of the parties into a scrap of paper and flies in the face of the elementary law of contracts. It is not debatable that a written contract supersedes all oral understandings and negotiations ; that the intention of the parties is to be ascertained from the writing alone, if possible (secs. 7529, 7530, Rev. Codes), unless through fraud, mistake or accident it fails to…