Threlkeld v. Steward
Supreme Court of Oklahoma
Error from District Court, Pittsburg County; P. B. Cole, Judge. Action by C. A.' Steward and others against W. C! Threlkeld and others. Judgment for plaintiffs, and defendants bring error.
1Opinion of the CourtWilliams, J.
The assignment of error will be considered -under two heads: (1) As to whether or not there was"error in refusing to strike the amendment from the complaint: and (S’) as to the granting of the temporary injunction.
1. It is a well-settled rule that, in the absence of fraud, accident, or mistake, the terms of a contract are not permitted to be varied by parol testimony. The bond and agreement herein are part of one entire contract, and are to be constraed together. The bond recites:
“For and in consideration of the purchase by the said Steward & Deal of a certain drug business owned by the said…
2Cases cited14 opinions
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
- Hedge, Elliott & Co. v. LoweSupreme Court of Iowa · 1877
- Smalley v. GreeneSupreme Court of Iowa · 1879
- Beard v. DennisIndiana Supreme Court · 1855
- Haldeman v. SimontonSupreme Court of Iowa · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1910
- Holmes v. EvansSupreme Court of Oklahoma · 1911
- Akey v. MurphySupreme Court of Florida · 1970
- Herrington v. HacklerSupreme Court of Oklahoma · 1937
18 more not listed; retrieve them via the Exa API.