Sutton v. Griebel
Supreme Court of Iowa
Appeal from Humbolt District Court. — Hon. W. B. Quarton, Judge. Action on a written instrument, by which defendant and others purported to undertake to pay $100 each for shares in a certain described stallion.
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Appeal from Humbolt District Court. — Hon. W. B. Quarton, Judge. Action on a written instrument, by which defendant and others purported to undertake to pay $100 each for shares in a certain described stallion. Defendant pleaded that there was a collateral oral agreement between him and plaintiff at the time of the signing of the instrument, by which he was to be allowed to withdraw from the arrangement at any time before the filial completion of the transaction involved, and plaintiff was to secure another subscriber for the share subscribed for by defendant, or retain the said share…
1Opinion of the CourtMcClain, J.
The question presented is whether or not parol evidence is admissible to show a collateral oral agreement by which the instrument on which action is brought, duly executed and delivered, was to be ineffectual, and of no validity against this defendant. The rule that the terms of a written instrument cannot be contra-' dieted by parol evidence of a contemporaneous oral agreement is subject to well-recognized exceptions. A collateral oral agreement relating to matters not covered by the *80written agreement may be shown. Graffam v. Pierce, 143 Mass. 386 (9 N. E. Rep. 819); Iron Company v. Willing,…
2Cases cited16 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Oakland Cemetery Ass'n of Lyons v. LakinsSupreme Court of Iowa · 1904
- Todd v. State BankSupreme Court of Iowa · 1917
- Ball v. JamesSupreme Court of Iowa · 1916
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Sutton v. WeberSupreme Court of Iowa · 1904
38 more not listed; retrieve them via the Exa API.