Southard v. Arkansas Valley & W. Ry. Co.
Supreme Court of Oklahoma
Okla. T. Error from District Court, Noble County. Action by the Arkansas Yalley & Western Railway Company against R. W. Southard. Judgment lor plaintiff, and defendant brings error.
1Opinion of the CourtWilliams, J.
The following questions are raised in the brief by the counsel for the plaintiff in error:(1) That under a plea of failure of consideration parol evidence is admissible to prove the failure of consideration, although the consideration so shown may be different from or additional to that expressed in the instrument.(2) -When a written instrument states a consideration in general terms, it is competent to show by parol the particulars included in the general consideration, in order to show that there had been a failure in the consideration and the extent of it.(3) When the route of a proposed…
2Cases cited59 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Wilson v. . DeenNew York Court of Appeals · 1878
54 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Holmes v. EvansSupreme Court of Oklahoma · 1911
- Warren v. PulleySupreme Court of Oklahoma · 1943
- Miller Bros. v. McCall Co.Supreme Court of Oklahoma · 1913
- Garber v. HauserSupreme Court of Oklahoma · 1919
- Tracy v. NorvellSupreme Court of Oklahoma · 1923
15 more not listed; retrieve them via the Exa API.