Weiser River Fruit Ass'n v. Feltham
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action on contract and to recover the sum of $1,000 liquidated damages. Judgment for plaintiff. When any contract, agreement or undertaking has been reduced to writing and is evidenced by a document or series of documents, the contents of such documents cannot be contradicted, altered, added to or varied by parol or extrinsic evidence.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action on contract and to recover the sum of $1,000 liquidated damages. Judgment for plaintiff. When any contract, agreement or undertaking has been reduced to writing and is evidenced by a document or series of documents, the contents of such documents cannot be contradicted, altered, added to or varied by parol or extrinsic evidence. (17 Cyc. 567-570, and notes 58-64; 596, and notes 56-58.) “The parol evidence rule applies in full force to contracts of sale.” (17 Cyc. 607-609,…
1Opinion of the CourtBudge, C. J.
This action was brought to recover the purchase price of apples sold by respondent to appellant under a written contract and to recover the sum of $1,000 which had been deposited by appellant with the First National Bank of Weiser to be forfeited as liquidated damages in the event he should fail to take the apples contracted for or to pay for them. Respondent recovered judgment for $1,908.65. This appeal is from the judgment.
*636There is no written waiver of the undertaking on appeal in the record, nor does the record contain a certificate of the clerk that an undertaking on appeal in due form…
2Cases cited6 opinions
- O'Keefe v. WeberOregon Supreme Court · 1886
- Perkins v. CooperCalifornia Supreme Court · 1890
- Duffy v. GreenebaumCalifornia Supreme Court · 1887
- Wilson v. DoyleIdaho Supreme Court · 1906
- Rich v. FrenchIdaho Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Graves v. CupicIdaho Supreme Court · 1954
- Garfield Oil Co. v. ChamplinSupreme Court of Oklahoma · 1920
- Jordan v. JordanIdaho Supreme Court · 1954
- Mendini v. MilnerIdaho Supreme Court · 1929
- Donaldson v. JosephsonIdaho Supreme Court · 1951
8 more not listed; retrieve them via the Exa API.