Slade v. Halsted
New York Supreme Court
On demurrer to the plea. The declaration was on a promissory note; payee against maker; for $190, dated April 5th, 1826, and payable one day after date. Plea, that on the 29th of March, 1826, the defendant articled to sell the plaintiff a farm; ■ and therein agreed that on the 1st day of April, 1827, on receiving $500, he would convey and give possession.
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On demurrer to the plea. The declaration was on a promissory note; payee against maker; for $190, dated April 5th, 1826, and payable one day after date. Plea, that on the 29th of March, 1826, the defendant articled to sell the plaintiff a farm; ■ and therein agreed that on the 1st day of April, 1827, on receiving $500, he would convey and give possession. That on the 5th of April, 1826, the plaintiff paid $190 in advance, as part of the $500, under an agreement that the defendant would allow the plaintiff interest on that sum until the time when the $500 were to be paid; and that the note in…
1Opinion of the Court
* Curia, per Savage, Ch. J.
The law respecting written contracts, that they cannot be contradicted or varied by a parol agreement made at the same time, is not denied. But the facts, it is alleged, show there was no ground for the promise. The language of the plea is certainly strong. It is, that the sum of $190 was paid in anticipation of the payment to be made on the 1st April, 1827; and that it was received and accepted by the plaintiff, as evidence of the payment and agreement to allow interest; and for no other purpose whatever. These facts are admitted by the demurrer; and being true, I…
2Cited by2 opinions
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