Frost v. Blanchard
Massachusetts Supreme Judicial Court
Contract to recover the price of a bill of scythe snaths. At the trial in the superior court, before Rockwell, J., the plaintiffs offered in evidence a copy of their list of prices for 1865 and an order dated January 7,1865, and signed by the defendants, running as follows: “ Palmer," Jan. 7,1865. We hereby order of Messrs.
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Contract to recover the price of a bill of scythe snaths. At the trial in the superior court, before Rockwell, J., the plaintiffs offered in evidence a copy of their list of prices for 1865 and an order dated January 7,1865, and signed by the defendants, running as follows: “ Palmer," Jan. 7,1865. We hereby order of Messrs. Frost, Derby & Flint one hundred doz. scythe snaths at 20 per cent, from price list, delivered, payable August 1,1865. (Signed) Blanchard & Co.;” and it was proved that on March 22, 1865, they delivered to the defendants one hundred dozen loop snaths in pursuance of that…
1Opinion of the CourtFoster, J.
A previous or contemporaneous warranty cannot be engrafted by paroi evidence on a written contract. Boardman v. Spooner, 13 Allen, 353.
In our opinion, the agreement of May 25, reduced to writing and subscribed by both parties, merged all antecedent negotiations and stipulations, whether oral or written, and must be taken to be the complete expression of their entire bargain with each other, by which alone their rights and liabilities are to be determined. We discover no reason for supposing it to be supplementary to the contract of January 7, in any such sense as to admit verbal evidence of…
2Cited by8 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
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- Graham v. EisznerAppellate Court of Illinois · 1888
- Atwater v. ClancyMassachusetts Supreme Judicial Court · 1871
- Rodgers v. PerraultSupreme Court of Kansas · 1889
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