Clark v. . McMillan
Supreme Court of North Carolina
1Opinion of the Court
The plaintiff offered to prove, by parol, that at the time of the contract the defendant promised to commence an action against the payers of the note, or one of them, within ten days from 1 October, 1806; that, in fact, six months expired before the action was brought. And whether such evidence is admissible is the question submitted to this Court. If the tendency of parol evidence is to contradict, vary, or add to a written instrument, it cannot be received; if to explain and elucidate it, it may be received. Upon the face of this writing there is nothing doubtful or equivocal. It states a…
2Cases cited3 opinions
- Commissioners of Greene County v. Holliday's ExecutorsSuperior Court of North Carolina · 1806
- Donaldson v. BentonSupreme Court of North Carolina · 1839
- Grier v. . YontzSupreme Court of North Carolina · 1858