Gross v. Todd
Mississippi Supreme Court
From tbe circuit court of Pontotoc county. Hon. Eugene O. Slices, Judge. Gross, appellant, was plaintiff in tbe court below; Todd and another, appellees, were defendants there. From a judgment in plaintiff’s favor for a sum much less than bis demand, plaintiff appealed to tbe supreme court.
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From tbe circuit court of Pontotoc county. Hon. Eugene O. Slices, Judge. Gross, appellant, was plaintiff in tbe court below; Todd and another, appellees, were defendants there. From a judgment in plaintiff’s favor for a sum much less than bis demand, plaintiff appealed to tbe supreme court. Tbe suit was upon tbe second of a series of three promissory notes given appellant by appellees; the first note was for $50 and the others for $100 each, and they were all executed by appellees as a consideration for tbe investiture in one of the defendants of an interest in tbe business of the appellant,…
1Opinion of the Court
Whiteiedd, O. J.,
delivered the opinion of the court.
The contract in writing, of October 11, 1902, signed by J. H. Todd, made between P. M. Gross and himself, was the sole expository of its own terms, and the parol evidence offered to show that Gross was to teach Todd a trade was erroneously admitted, since it altered the terms of that contract. Todd admitted, on the witness stand, that his defense was precisely the same against each of the three notes; that there was no difference-whatever, in any respect, between his defense to the first note of $50 and the two other notes for $100 each. The…
2Cases cited1 opinion
- Davis v. HartMississippi Supreme Court · 1889