In Re Estate of Fitzner
Mississippi Supreme Court
1Opinion of the Court
WALLER, J.,
for the Court:
¶ 1. This case involves an appeal from a judgment denying a probated claim filed by Oliver L. Phillips, one of the partners in a limited partnership, against the Estate of George E. Fitzner, the other partner. The chancellor found that advances made by Phillips for the benefit of Fitzner were subject to a written memorandum agreement which restricted Phillips’ recovery to assets from the partnership. The chancellor further found that the parol evidence rule barred evidence of oral agreements made prior to the execution of the written agreement and that the statute of…
2Cases cited24 opinions
- Cherry v. Anthony, Gibbs, SageMississippi Supreme Court · 1987
- Cooper v. CrabbMississippi Supreme Court · 1991
- Pursue Energy Corp. v. PerkinsMississippi Supreme Court · 1990
- Simmons v. Bank of MississippiMississippi Supreme Court · 1992
- Turner v. TerryMississippi Supreme Court · 2001
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3Cited by1 opinion
- In Re Estate of FitznerMississippi Supreme Court · 2003