Robeson, Adm'r, C. v. . Brown and Another
Supreme Court of North Carolina
Debt, tried before Jones, J., at Spring Term 1869 of the Superior Court of Maetin. '®yThe plaintiff declared on a bond for $250,00, dated 22d Dec. 1862; and on the trial offered to prove that it was given for a mule, worth $250,00. His Honor excluded the testimony, upon the ground that the parties had themselves fixed the value, by the bond.; and be instructed the jury that they must apply the scab prescribed by the Legislature, and give the plaintiff the value of the…
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Debt, tried before Jones, J., at Spring Term 1869 of the Superior Court of Maetin. '®yThe plaintiff declared on a bond for $250,00, dated 22d Dec. 1862; and on the trial offered to prove that it was given for a mule, worth $250,00. His Honor excluded the testimony, upon the ground that the parties had themselves fixed the value, by the bond.; and be instructed the jury that they must apply the scab prescribed by the Legislature, and give the plaintiff the value of the contract by that rule. • The plaintiff then asked his Honor to instruct the jury further, that after ascertaining the value in…
1Opinion of the CourtDice, J.
The principle is well settled that parol evidence is inadmissible to contradict or vary the terms of a written contract. But this is only a rule of evidence, and may at any time be changed by the Legislature without impairing the contract. The Convention and Legislature have seen proper to change this rule of evidence in regard to certain classes of contracts, and in so doing they did not come in conflict with the Constitution of the United States, Woodfin v. Sluder, Phil. 200.
We have carefully considered the ordinance oí Oct. 18th 1865, and the acts of 1866, ch. 38 and 39, and think that…
2Cited by12 opinions
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- Halliburton v. . CarsonSupreme Court of North Carolina · 1888
- Henry King Ex'r v. W. & W. R. R. Co.Supreme Court of North Carolina · 1872
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Cable v. . HardinSupreme Court of North Carolina · 1872
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