Branch v. James & Peddy

This was a suit on a purchase-money note given for a mule. It is expressly stipulated in the note that “the seller of said stock or other property does in no wise guarantee, except in title.” The defendant filed a plea of failure of consideration, and attempted to set up, in support of the plea, a parol agreement between him and the seller of the mule, which was in contradiction of the express and unambiguous provision in his written contract. The court excluded this testimony, and, there being no other defense made, directed a verdict for the plaintiff for the full amount of the note.

We…