Delamater v. Bush
New York Supreme Court
APPEAL by the plaintiff, from a judgment entered at a special term, on the verdict of a jury. The action was upon an article of agreement containing a covenant to pay $450 rent, for a stone quarry. The balance claimed to be due was $200. On the trial, the jury found a verdict for the defendant.
1Opinion of the Court
By the Court, P. Potter, J.
1. Evidence was admitted, against objection and exception, that the sum to be paid was $250, and not $450, as mentioned in the agreement. I think this was error.
While in deeds, and other instruments, you may, for certain purposes, prove the consideration to be different from that expressed, it is not admissible to contradict an agreement or covenant , to pay a certain sum. The case was tried upon this theory, and by it a verdict given for the defendant.
So, too, that previous oral negotiations are merged in the writing, is a reason why such proof should not be…
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