Baker v. . Higgins
New York Court of Appeals
Appeal from, the Supreme Court. Action to recover for brick sold and delivered. The trial was before a referee, .who received paroi evidence of a contract for the sale of the brick. It subsequently appearing that the contract was put in writing, the defendant moved that the paroi evidence of its tenor should be stricken out. To the referee’s refusal' to strike out the evidence, and to his refusal to nonsuit* the plaintiff, the defendant took exceptions.
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Appeal from, the Supreme Court. Action to recover for brick sold and delivered. The trial was before a referee, .who received paroi evidence of a contract for the sale of the brick. It subsequently appearing that the contract was put in writing, the defendant moved that the paroi evidence of its tenor should be stricken out. To the referee’s refusal' to strike out the evidence, and to his refusal to nonsuit* the plaintiff, the defendant took exceptions. The referee, in his finding of facts, found, in accordance with the paroi evidence, that the defendant agreed to pay for the brick as fast as…
1Opinion of the CourtWelles, J.
On the trial before the referee, the plaintiff gave evidence tending to show that, by the contract between him and the defendant for the sale and delivery of the brick in question by the former to the latter, the brick was to be paid for. as they were delivered. It also appeared, on the part of the plaintiff, that, at the close of the conversation between the parties by which the contract was negotiated, the plaintiff wrote something on a piece of paper and handed it to the defendant, upon which the parties separated. None .of the' plaintiff’s witnesses were able to state what the writing…
2Cited by25 opinions
- Kein v. . TupperNew York Court of Appeals · 1873
- Husted v. . CraigNew York Court of Appeals · 1867
- Mount v. . LyonNew York Court of Appeals · 1872
- Brown v. NortonNew York Supreme Court · 1888
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1887
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