Kinney v. McNabb
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for an alleged breach of a promise to marry. The Court in the opinion stated the facts as follows: Appeal from a judgment after verdict for the plaintiff, John S. Kinney, appellee here, in the sum of $30,000 in an action for breach of promise. The declaration is in two counts.
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Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for an alleged breach of a promise to marry. The Court in the opinion stated the facts as follows: Appeal from a judgment after verdict for the plaintiff, John S. Kinney, appellee here, in the sum of $30,000 in an action for breach of promise. The declaration is in two counts. The first count is in assumpsit, and alleges that in or about the month of June, 1912, the defendant, Ida M. McNabb, promised to marry the plaintiff; that shortly after the…
1Opinion of the CourtJustice Robb
At the threshold of the case we are met with the contention that it was error to permit the plaintiff, in an action of assumpsit, to recover upon an unexecuted sealed instrument. That the previous negotiations between these parties became merged in that instrument cannot be gainsaid. Where the terms of a contract have been reduced to writing and signed by the parties, neither party can abandon the instrument and resort to the verbal negotiations which were preliminary to its execution, since “all previous negotiations and verbal statements are merged and excluded when the parties assent to a…
2Cases cited10 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- De Witt v. BerrySupreme Court of the United States · 1890
- Dermott v. JonesSupreme Court of the United States · 1860
- Insurance Company v. LymanSupreme Court of the United States · 1873
- Leonard v. HughlettCourt of Appeals of Maryland · 1875
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3Cited by2 opinions
- John M. Lee v. Flintkote CompanyCourt of Appeals for the D.C. Circuit · 1979
- Howenstein Realty Corp. v. RichardsonCourt of Appeals for the D.C. Circuit · 1943