Brown v. . Mitchell
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at October Term, 1914, of Hekt-EORD. Action begun before a justice of tbe peace and beard on appeal, its purpose being to recover a mule from tbe defendant.
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Appeal by plaintiff from Bond, J., at October Term, 1914, of Hekt-EORD. Action begun before a justice of tbe peace and beard on appeal, its purpose being to recover a mule from tbe defendant. Tbe plaintiff testified that on 22 February, 1913, be sold and delivered to tbe defendant a mule for $20, and took from defendant a paper-writing in words and figures as follows: I, "Wright Mitchell, promise to pay W. A'. Brow tbe sum of $20 for one bay mule, if said mule should get well and able to work any time in tbe limited time of twelve months. If said mule does not get well and able to work in…
1Opinion of the CourtAllen, J.
The evidence offered by the plaintiff to prove that it was agreed that the title to the mule should remain in the plaintiff until payment was made does not come within the rule excluding parol evidence when there is a written contract.
In the first place, if the agreement had been made cotemporaneously with the writing, it would fall within the principle that where a part of the contract is in writing and a part not, that the part in parol may bé proven, because there is no inconsistency between a promise to pay and an agreement to secure payment (Evans v. Freeman, 142 N. C., 61; Wilson v.…
2Cases cited10 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Louthain v. MillerIndiana Supreme Court · 1882
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Freeman v. . BellSupreme Court of North Carolina · 1909
- Paine v. BentonWisconsin Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Kirkman v. . SmithSupreme Court of North Carolina · 1918
- Pack v. . KatzinSupreme Court of North Carolina · 1939
- State v. . SurlesSupreme Court of North Carolina · 1895
3 more not listed; retrieve them via the Exa API.