Legal Opinion

Cooper v. Bumpass

Court of Appeals of Texas

Decided November 20, 1876No. —, Op. Book No. 1, p. 171Published

1Opinion of the Court

Opinion by

Ector, P. J.. § 498. Consideration of written contract may be proved by parol evidence. It is well settled law that the consideration of a contract, although the contract be in writing, may be proved by parol evidence, when the consideration is not particularly expressed in the writing. [Wheeler v. Friend, 22 Tex. 683; Stramler v. Cox, 15 Tex. 211; 15 Mass. 85; 1 Penn. 486; 4 Yates, 25; 3 Vt. 448; 1 Dev. & Bat. 452.]

*247November 20, 1876.

§ 499. Sale of personal property; when incomplete; property must be in esse. The question in this, case was as to the ownership of certain lumber.…

2Cases cited4 opinions

  1. Cleveland v. WilliamsTexas Supreme Court · 1867
  2. Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
  3. Stramler v. CoeTexas Supreme Court · 1855
  4. Wheeler v. FriendTexas Supreme Court · 1859

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