Legal Opinion

Bell, Rogers & Zemurray Bros. v. Jenkins

Supreme Court of Alabama

Decided October 23, 1930No. 7 Div. 969PublishedCited by 13 opinions

1Opinion of the CourtFoster, J.

“In order to let in evidence of a collateral agreement between the parties, such agreement must be consistent with the terms of the- writing; if the evidence tends to vary or contradict the terms of the written instrument, or to defeat its operation, it cannot be received.” 22 Corpus Juris, 1248.

But it is equally well settled that evidence of a collateral parol agreement about the same matter as that of the writing, but which does not vary or contradict the writing, is admissible upon proper pleading. Middleton v. Alabama Power Co., 196 Ala. 1, 71 So. 461; Roquemore v. Vulcan Iron Works, 151…

2Cases cited14 opinions

  1. Worthington & Co. v. GwinSupreme Court of Alabama · 1898
  2. Capital Security Co. v. OwenSupreme Court of Alabama · 1916
  3. Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
  4. Williamson v. TysonSupreme Court of Alabama · 1894
  5. Mid-Continent Life Ins. Co v. BeasleySupreme Court of Alabama · 1918

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Alabama Power Co. v. PierreSupreme Court of Alabama · 1938
  2. Brewood v. CookCourt of Appeals for the D.C. Circuit · 1953
  3. Commercial Credit Co. v. PerkinsSupreme Court of Alabama · 1938
  4. Abercrombie v. Martin & Hoyt Co.Supreme Court of Alabama · 1933
  5. Perkins Oil Co. v. DavisSupreme Court of Alabama · 1934

8 more not listed; retrieve them via the Exa API.

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