Hinnemann v. . Rosenback
New York Court of Appeals
On the 16th of January, 1861, the Defendant and Theodore Hinneman made a -written contract, by which the latter agreed to build a house for the Defendant, which said contract was in the words and figures following: “ This' agreement, made and entered into this 21st day of January, 1861, by and between Samuel Rosenback, of the city of Syracuse, county of Onondaga, and State of New Torlc, of the first part, and Theodore Hinneman, of the above-named city, county,, and State, of…
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On the 16th of January, 1861, the Defendant and Theodore Hinneman made a -written contract, by which the latter agreed to build a house for the Defendant, which said contract was in the words and figures following: “ This' agreement, made and entered into this 21st day of January, 1861, by and between Samuel Rosenback, of the city of Syracuse, county of Onondaga, and State of New Torlc, of the first part, and Theodore Hinneman, of the above-named city, county,, and State, of the second part, witnesseth : That the said Theodore Hinneman, party of the second part, for the consideration…
1Opinion of the CourtMason, J.
I am satisfied, after a careful examination of 'this case, that the referee committed no error, in admitting the parol evidence to aid in the interpretation of this contract, which can prejudice the Plaintiff, and that he gave the correct construction to this agreement.
The language of the contract itself favors the construction put upon it by the referee. By the terms of the contract, the Defendant was to pay Hinneman, for the construction of his dwelling-house, the sum of one thousand seven hundred dollars, lawful money of the United States, and to convey to him the house and lot on the…
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