Kerchner v. . McRae
Supreme Court of North Carolina
Civil Action triocl at Fall Term, 1877, of New Hanover Superior Court, before Moore, J. The contract sued on in this action is under seal and was executed by the defendants as executors of John McCallum, on the 14th of October, 1873, to Charles McRae for $3,532.32, for the amount of an account due and owing by their testator at the time of his death to Charles McRae and Henry McCallum, partners, trading under the name and style of Charles McRae.
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Civil Action triocl at Fall Term, 1877, of New Hanover Superior Court, before Moore, J. The contract sued on in this action is under seal and was executed by the defendants as executors of John McCallum, on the 14th of October, 1873, to Charles McRae for $3,532.32, for the amount of an account due and owing by their testator at the time of his death to Charles McRae and Henry McCallum, partners, trading under the name and style of Charles McRae. Charles McRae transferred said bond to the plaintiffs by an endorsement thereon, in part payment of the indebtedness of himself and partner to them;…
1Opinion of the CourtDillard, J.
(After stating the ease.) The objection to the admission of parol testimony in support of the second issue was properly overruled by the court below. The general rule is that parol testimony is inadmissible to add to, vary or contradict a written contract; but the rule is restricted to cases in which the parties express in writing the entire stipulations agreed on, and the extent of the rule is established by the writers on evidence and by various decisions of this court.
In Twidy v. Saunderson, 9 Ire. 5, the plaintiff hired a slave to the defendant, and he gave his bond for the hire; and at…
2Cases cited1 opinion
- Hall v. . CraigeSupreme Court of North Carolina · 1871
3Cited by40 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
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