Hawkins v. Johnson
Court of Appeals of Texas
Appeal from District Court, Runnels County ; Jno. W. Goodwin, Judge. Action by W. P. Hawkins against J. M. Johnson. Judgment for defendant, and plaintiff appeals. W. P. Hawkins, as plaintiff, sued J. M. Johnson, as defendant; the cause of action being founded upon a promissory note, executed by Johnson and made payable to Hawkins. The defendant presented an answer which, among other things, raised the issues of fact which were submitted by the court to" the jury.
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Appeal from District Court, Runnels County ; Jno. W. Goodwin, Judge. Action by W. P. Hawkins against J. M. Johnson. Judgment for defendant, and plaintiff appeals. W. P. Hawkins, as plaintiff, sued J. M. Johnson, as defendant; the cause of action being founded upon a promissory note, executed by Johnson and made payable to Hawkins. The defendant presented an answer which, among other things, raised the issues of fact which were submitted by the court to" the jury. The court instructed the jury to return a verdict for the plaintiff for the amount sued for, unless they found for the defendant…
1Opinion of the CourtKey, C. J.
(after stating the facts as above). [1] The trial court ruled that appel-lee had the right to prove by parol evidence the matters alleged in his answer and submitted to the jury by the charge quoted; and that the matters so alleged constituted a defense and relieved him from liability upon the note sued on. Appellant has assigned error upon the rulings referred to upon the ground that they violated that well-established rule of law which, in the absence of fraud, accident, or mistake, denies to either party to a written contract the right to vary its terms ■by parol testimony. That question…
2Cases cited27 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Ware v. AllenSupreme Court of the United States · 1888
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Burnes v. ScottSupreme Court of the United States · 1886
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3Cited by9 opinions
- Roddy v. Citizens' State Bank of CopevilleCourt of Appeals of Texas · 1928
- Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
- Hunley v. GarberCourt of Appeals of Texas · 1952
- Bell v. MulkeyCourt of Appeals of Texas · 1923
- Minchew v. MorrisCourt of Appeals of Texas · 1922
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