Meekins v. . Newberry
Supreme Court of North Carolina
This is a civil action, which was tried before Connor, J., at Spring Term, 1888, of Tyrrell Superior Court, brought to recover damages occasioned by the alleged failure of the defendant to keep and perform his contract with the plaintiff, set forth in the complaint.
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This is a civil action, which was tried before Connor, J., at Spring Term, 1888, of Tyrrell Superior Court, brought to recover damages occasioned by the alleged failure of the defendant to keep and perform his contract with the plaintiff, set forth in the complaint. The following is a copy of so much of the case settled on appeal for this Court as need be reported here: The plaintiff introduced in evidence the following paper writing: “Received of J. C. Meekins, Sr., three dollars, in part payment for 1,300 juniper mill logs, OOO.of which is now on the bank and in the water at Lewis Island,…
1Opinion of the Court
Merrimon, J.,
(after stating the case.) It is a settled rule of law that when the parties to a contract reduce the same to writing, in the absence of fraud or mutual mistake properly alleged, parol evidence cannot be received to contradict, .add to, modify or explain it. It must be treated and interpreted as it appears by the writing. This is so because the parties agree that the writing shall be evidence — the surer .and’better evidence of it. If, however, the writing does not by its terms or nature embrace the whole agreement, but only a certain part or parts of it, then parol evidence will…
2Cases cited4 opinions
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Parker v. . MorrillSupreme Court of North Carolina · 1887
3Cited by10 opinions
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Godkin v. MonahanCourt of Appeals for the Seventh Circuit · 1897
- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
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