Goodwin v. Baker
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. Oral evidence was not admissible to vary and contradict the terms of the written contract. 71 Ark. 185; 35 Id. 555; 95 Id. 131; 105 Id. 50; 78 Id. 333; 78 Id. 574; 79 Id. 256; 94 Id. 130; 102 Id. 428; 106 Id. 462, and others. 2. Appellee conld read print, and the contract was typewritten.
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. Oral evidence was not admissible to vary and contradict the terms of the written contract. 71 Ark. 185; 35 Id. 555; 95 Id. 131; 105 Id. 50; 78 Id. 333; 78 Id. 574; 79 Id. 256; 94 Id. 130; 102 Id. 428; 106 Id. 462, and others. 2. Appellee conld read print, and the contract was typewritten. He had ample opportunity to read it. 71 Ark. 185; 35 Id. 555. If a mistake was made, it was appellee’s own negligence, nor was it mutual. 60 Ga. 383; 71 Ark. 185; 9 Ene. Ev. 344. 1. Parol testimony was admissible to show that there were other…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellants contend that the court erred in permitting the introduction of oral testimony which tended to vary and contradict the terms of the written rental contract executed by the parties, and whether or not the court erred in permitting oral testimony to be introduced is the only question for our decision.(1) In Graves v. Bodcaw Lumber Co., 129 Ark. 354, we said: “It is Hornbook law that all prior negotiations leading up to the written contract are merged therein, and, further, that evidence of a contemporaneous parol agreement is not competent to vary…
2Cases cited7 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Graves v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1917
- Livingston v. PugsleySupreme Court of Arkansas · 1916
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3Cited by4 opinions
- Mays v. BarnettSupreme Court of Arkansas · 1921
- Shamis v. Rice-Stix Dry Goods Co.Supreme Court of Arkansas · 1922
- Galion Iron Works & Manufacturing Co. v. Otto v. Martin Construction Co.Supreme Court of Arkansas · 1928
- Lybrand v. Watkins Hardware Co.Supreme Court of Arkansas · 1922