Miller v. Koebernick

The issue in this case was whether or not the stated consideration in the bill of sale included the stock of merchandise. The plaintiff contended that it did not and the defendant contended that it did. The defendant attempted to offer evidence as to the negotiations beginning-on or about June 13, 1957, but the trial court ruled that such parol evidence must be excluded on the ground that it was an attempt to alter or vary the terms of the bill of sale. At the conclusion of the trial, therefore, it held there was no issue of fact to be determined by the jury which had been impaneled, and…