Evans v. Freeman.
Supreme Court of North Carolina
ActioN by L D. Evans against S. B. Freeman, beard by Judge T. J. 8haw- and ,a jury, at tbe May Term, 1906, of tbe Superior Court of Bertie. Plaintiff sued upon a bond, dated 6 June, 1899, by which tbe defendant promised to pay to David A. Askew on 15 November, 1900, tbe sum of fifty dollars, being tbe purchase-money for tbe right to sell an automatic stock-feeder in Hertford County.
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ActioN by L D. Evans against S. B. Freeman, beard by Judge T. J. 8haw- and ,a jury, at tbe May Term, 1906, of tbe Superior Court of Bertie. Plaintiff sued upon a bond, dated 6 June, 1899, by which tbe defendant promised to pay to David A. Askew on 15 November, 1900, tbe sum of fifty dollars, being tbe purchase-money for tbe right to sell an automatic stock-feeder in Hertford County. The bond was transferred to the plaintiff by the following endorsement: “Eor value received, I herewith transfer and assign all my right, title and interest in and to the within note to J. D. Evans, 1 July, 1899.…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe Court erred in refusing to admit tbe testimony of tbe plaintiff in regard to tbe defense as to bow tbe note should be paid. It is very true that, when parties reduce tbeir agreement to writing, parol evidence is not admissible to contradict, add to, or explain it; and this is so, although tbe particular agreement is not required to be in writing, tbe reason being that tbe written memorial is considered to be tbe best, and therefore is declared to be tbe only evidence of what tbe parties have agreed, as they are presumed to have inserted in it all,tbe…
2Cases cited19 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
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- Cumming v. . BarberSupreme Court of North Carolina · 1888
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