Self v. Herrington
Supreme Court of Alabama
Writ of Error to the County Court of Pike. This was an action of assumpsit on a promissory note of the following tenor: “ One day after date, I promise to pay Philip Herrington, or bearer, two hundred and thirty-one dollars and fifty-seven cents, for work done on a saw and grist mill, and waste way. Oct. 13th, 1845.” The cause was tried on the pleas of non assumpsit and “ failure of consideration;” a verdict was returned for the plaintiff, and judgment was thereon rendered.
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Writ of Error to the County Court of Pike. This was an action of assumpsit on a promissory note of the following tenor: “ One day after date, I promise to pay Philip Herrington, or bearer, two hundred and thirty-one dollars and fifty-seven cents, for work done on a saw and grist mill, and waste way. Oct. 13th, 1845.” The cause was tried on the pleas of non assumpsit and “ failure of consideration;” a verdict was returned for the plaintiff, and judgment was thereon rendered. From a bill of exceptions sealed at the trial, it appears that a verbal contract was made for the performance of certain…
1Opinion of the CourtCollier, C. J.
It is an unquestionable general rule, that where parties have entered into a contract in writing, they are presumed to have expressed their agreement truly, and cannot be allowed to add to, vary, explain or contradict it by parol testimony of stipulations previously or simultaneously made. The question is, does the present case form an exception to this rule. Where a writing has been executed by way of part performance merely of a parol agreement, it is said its incompleteness warrants the admission of extrinsic proof. This exception is familiarly illustrated where a chattel has been sold…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Barlow v. FlemmingSupreme Court of Alabama · 1844
- Barger v. MillerUnited States Circuit Court · 1822
3Cited by6 opinions
- Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Perkins Oil Co. v. DavisSupreme Court of Alabama · 1934
- Reader v. HelmsSupreme Court of Alabama · 1876
- Phillips v. MatthewsSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.