Lytton Manufacturing Co. v. House Manufacturing Co.
Supreme Court of North Carolina
Appeal from Daniels, J., at November Term, 1912, of Halifax. Civil action. Plaintiff complained of defendant and alleged that on 1 January, 1912, it sold and delivered to defendant a return trap No. 34, at the contract price of $250, under a written contract in terms as follows: LYTTON MANUFACTURING CORPORATION, FRANKLIN, VA. Order No. 26. Ship to A. 0. House Lumber Company, Weldon, N. 0. Date, January 3, 1912. Yia S. A. L. Ry. Terms: Net cask 30 days after installation.
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Appeal from Daniels, J., at November Term, 1912, of Halifax. Civil action. Plaintiff complained of defendant and alleged that on 1 January, 1912, it sold and delivered to defendant a return trap No. 34, at the contract price of $250, under a written contract in terms as follows: LYTTON MANUFACTURING CORPORATION, FRANKLIN, VA. Order No. 26. Ship to A. 0. House Lumber Company, Weldon, N. 0. Date, January 3, 1912. Yia S. A. L. Ry. Terms: Net cask 30 days after installation. Type of trap, Return. Quantity, 1. Series, 34. Inlet, 2. Outlet, 2%. Size of trap body,. Price, $250. . Remarks: E. o. b.,…
1Opinion of the CourtHoke, J.
The decisions of this State are in full recognition of tbe principle that when the entire contract between parties has been put in writing and expressed in terms plain of meaning, it may not be contradicted or altered by parol testimony (Fertilizer Co. v. McLawhorn, 158 N. C., 274; Jeffords v. Waterworks, 157 N. C., 10; Bank v. Moore, 138 N. C., 529), and they are also in affirmance of the position that when the contract is partly in writing, the oral stipulations can be made available when they do not contradict the part that is written, for, as said by the Ghief Justice in Walker v.…
2Cases cited11 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
- Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
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3Cited by6 opinions
- Smith v. SmithSupreme Court of North Carolina · 1959
- Whitley v. O'NEALCourt of Appeals of North Carolina · 1969
- Faust v. RohrSupreme Court of North Carolina · 1914
- J. Goldman & Co. v. CrankSupreme Court of North Carolina · 1931
- Faust v. . RohrSupreme Court of North Carolina · 1914
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