Calpetro Producers Syndicate v. Chas M. Woods Co.

This is an action upon an implied guaranty of title upon the sale of personal property. Defendant had judgment. Plaintiffs have appealed.

The appeal is determined by the proper application of a rule of evidence. Plaintiffs purchased from the defendant upon April 6, 1923, under a written conditional sales contract, certain oil-drilling machinery, which contract not only on its face shows that the writing contained all the terms and conditions of sale and purchase, but in it is found a clause making this fact certain, which reads as follows:

“It is expressly understood this proposal made in…