Mathias v. State Farmers' Mutual Hail Insurance
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, Honorable W. O. Crawford, Judge. Defendant appeals. Plaintiff’s cause of action is based wholly upon a contract of adjustment of the loss. “The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.” Civ.
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Appeal from the District Court of Hettinger County, Honorable W. O. Crawford, Judge. Defendant appeals. Plaintiff’s cause of action is based wholly upon a contract of adjustment of the loss. “The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.” Civ. Code, § 5889; Alsterberb v. Bennet, 14 N. D. 596, 106 N. W. 49. Evidence of prior parol agreements is not permissible. 17 Cyc. 669. In order to permit parol evidence of…
1Opinion
*245On. Petition for Rehearing.
Pee Curiam.
Appellant has filed a petition for a rehearing, wherein he asserts that the trial court erred: (1) In permitting the plaintiff to introduce evidence of fraud in the absence of any pleading on his part alleging fraud; (2) in permitting the plaintiff to introduce parol testimony to contradict the written agreement. And it is contended that the former decision either overlooked, and failed to decide these questions, or else decided them contrary to controlling decisions and statutes. We will consider these propositions in the order stated.(1) While appellant…
2Cases cited9 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Catlin v. . GunterNew York Court of Appeals · 1854
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Halloran v. HolmesNorth Dakota Supreme Court · 1904
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