Hanger v. Evins & Shinn
Supreme Court of Arkansas
APPEAL from Pulaslci Circuit Court. Hon. J. W. Mabtin, Circuit Judge. The court erred in ruling out all evidence of a warranty by Evins, and that appellants were concluded by the bill of «ale, inasmuch as no warranty was therein expressed. While parol evidence is inadmissible to contradict or vary a written agreement, yet “it is well established that a substantial collateral agreement may be substantiated by parol.”
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APPEAL from Pulaslci Circuit Court. Hon. J. W. Mabtin, Circuit Judge. The court erred in ruling out all evidence of a warranty by Evins, and that appellants were concluded by the bill of «ale, inasmuch as no warranty was therein expressed. While parol evidence is inadmissible to contradict or vary a written agreement, yet “it is well established that a substantial collateral agreement may be substantiated by parol.” Weaver v. Fletcher, 27 Ark., 510 ; Plant v. Oondit, 22 lb., 404; Hooper v. Ghism, 13 lb., 408 ; Tune v. Rector, 21 lb., 284. The warranty was the inducement to the acceptance of…
1Opinion of the CourtEakin, J.
The notes in suit were given by appellants, Fred and Peter Hanger, in the purchase of an old ferry boat, for which they took a bill of sale without warranty. It was intended for use at a ferry over the Arkansas river, at Little Rock, which was understood by all parties at the time of the purchase. They set up, by way of defense, that the vendors, through Evins, who conducted the transaction, made to Fred Hanger false and fraudulent representations with regard to the condition of the boat, upon which said Hanger relied; and that afterwards, when the condition of things was discovered, they…
2Cited by19 opinions
- South County, Inc. v. First Western Loan Co.Supreme Court of Arkansas · 1994
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Shenkenberger v. StateIndiana Supreme Court · 1900
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Vanderboom v. SextonDistrict Court, W.D. Arkansas · 1969
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