Ray v. . Blackwell
Supreme Court of North Carolina
Civil action, tried before Gilmer, Judge, and a jury, at January Special Term, 1886, of the Superior Court of Durham county.
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Civil action, tried before Gilmer, Judge, and a jury, at January Special Term, 1886, of the Superior Court of Durham county. The plaintiff entered into a contract, written and under seal, with the defendants William T. Blackwell and Julian S. Carr, constituting the partnership firm of Blackwell & Carr, for the rent of a certain house owned by them, expressed in the following terms: “The undersigned, Thomas Ray, hereby agrees to rent from Blackwell & Carr thé premises known as House No. 18, situate on Rail Road street, for the term of twelve months, at the price of ten dollars per month,…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It is a rule too firmly established in the law of evidence to need a reference to authority in its support, that parol evidence will not be heard to contradict, add to, take from or in any way vary the terms of a contract put in writing, and all contemporary declarations and understandings are incompetent for such purpose, for the reason that the parties, when they reduce their contract to writing, are presumed to have inserted in it all the provisions by which they intend to be bound, 1 Qreenleaf Fro., §76. Etheridge v. Palin, 72 N. C., 213.
The cases cited do not…
2Cases cited7 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Etheridge and Another v. . Palin and Wife .Supreme Court of North Carolina · 1875
- Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Neal v. MarroneSupreme Court of North Carolina · 1953
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
37 more not listed; retrieve them via the Exa API.