Gilbert Manufacturing Co. v. Bryan
North Dakota Supreme Court
Appeal from tbe judgment- of tbe District Court of Burleigh County,, and from an order overruling a motion for a new trial, Honorable, WL. Nuessléj Judge. Where it is claimed tbat the contract is partly in writing it is proper to show prior oral statements and representations not in conflict withtbe written portions.
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Appeal from tbe judgment- of tbe District Court of Burleigh County,, and from an order overruling a motion for a new trial, Honorable, WL. Nuessléj Judge. Where it is claimed tbat the contract is partly in writing it is proper to show prior oral statements and representations not in conflict withtbe written portions. Hanley v. Chicago, M. & St. P. R. Co. 154 Iowa,, 60, 134 N. W. 411. Parol evidence is admissible to show prior or contemporaneous collateral agreements between the parties, though a written contract was entered into. Clare County Sav. Bank v. Featherly, 113 Mich. 292,, 139 N. W.…
1Opinion of the CourtGrace, J.
Appeal from the judgment of the district court of Burleigh County, and from an order overruling a motion for a new trial.
The complaint states an action for recovery upon a promissory note bearing date December 4, 1914. The note is for the sum of $218, with interest at 10 per cent. The complaint admits the payment of $130, and claims a balance due upon said note of $107.37.
The answer admits that the defendant is a foreign corporation, and also interposes a general denial, and then sets up the following defense to such note: “That plaintiff and defendant entered into an agreement whereby…
2Cases cited2 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
3Cited by17 opinions
- Hanes v. MitchellNorth Dakota Supreme Court · 1951
- Smith v. Michael Kurtz Construction CompanyNorth Dakota Supreme Court · 1975
- Odegaard v. Investors Oil, Inc.North Dakota Supreme Court · 1962
- Hartford Accident and Indemnity Co. v. AndersonNorth Dakota Supreme Court · 1968
- Kramer v. K. O. Lee & Son Co.North Dakota Supreme Court · 1931
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