Etheridge and Another v. . Palin and Wife .
Supreme Court of North Carolina
This was a Civil Action, for the recovery of damages, asising from alleged misrepresentations in the sale of a fishery, &c., tried before Albertson, J., at the August Term, 1874, of Peequimans Superior Court, into which it had been removed from the Superior Court of Dare county.
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This was a Civil Action, for the recovery of damages, asising from alleged misrepresentations in the sale of a fishery, &c., tried before Albertson, J., at the August Term, 1874, of Peequimans Superior Court, into which it had been removed from the Superior Court of Dare county. In their complaint the plaintiffs alleged false representations or deceit, on the part of the defendants in a sale of certain fishing materials, fully described in the written contract of sale, set out in the pleadings. On the trial, the plaintiffs ordered the following parol evidence of the contract between the…
1Opinion of the CourtPeaeson, C. J.
The rule of evidence, “ parol ..testimony is not admissable to add to a written contract,” is so well settled and its importance in the administration of justice, both in courts of law and courts of equity, is so evident, that we are at a loss to see, aided by the argument of Mr. Smith, on what .ground his Honor departed from it, and allowed the plaintiff, as a witness for himself, to swear that in addition to the written contract in regard to the fishery, seine, ropes, &c., the defendants had made a guarantee as to the quantity and quality of the materials which had contracted to convey.
Upon…
2Cited by24 opinions
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- Ramsey v. WallaceSupreme Court of North Carolina · 1888
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