Mercier v. Nashua Buick Co.

No exceptions having been taken in the action of trover, it is treated as though it had not been transferred.

The findings that the defendant’s son was the purchaser of the trucks and that the defendant only guaranteed his payment of the price are in violation of the parol evidence rule. The contracts of salé were in writing and by their terms she bought the trucks. There is no issue that the contracts were not validly made, and no claim that they are illegal by reason of fraud or should be reformed by reason of mistake is made. Her understanding of their legal effect is therefore immaterial,…