Davis v. Ball
Massachusetts Supreme Judicial Court
The defendants, who were dentists in Boston, made an upper and part of a lower set of teeth for the plaintiff’s wife, who lived in Vermont, and delivered and received payment for the same, under an agreement stated in the bill therefor, of which the following is a copy : — “34 Tremont Bow, Boston, 1847. Mrs. Davis to Drs. Ball & Co. Dr. Teeth filled, cleaned, inserted, extracted, and all operations in the best manner.
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The defendants, who were dentists in Boston, made an upper and part of a lower set of teeth for the plaintiff’s wife, who lived in Vermont, and delivered and received payment for the same, under an agreement stated in the bill therefor, of which the following is a copy : — “34 Tremont Bow, Boston, 1847. Mrs. Davis to Drs. Ball & Co. Dr. Teeth filled, cleaned, inserted, extracted, and all operations in the best manner. To operations in dentistry, August 20 : Inserting one upper set and part of lower set of teeth on gold plate, warranted for one year; and if on trial they cannot be made useful,…
1Opinion of the CourtFletcher, J.
The exclusion of the oral evidence, offered to show a bargain prior to the execution of the written contract, was justified by familiar and well-settled rules of evidence. This evidence was offered to affect the written contract. When parties have deliberately put their engagements into writing, all oral testimony of a previous conversation between them, or of conversations or declarations, at the time when the agreement was completed or afterwards, is excluded; as it would tend to substitute a new and different contract for that which was really and finally agreed upon and established…
2Cited by13 opinions
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Smith v. WenzMassachusetts Supreme Judicial Court · 1905
- Trowbridge v. BullardMichigan Supreme Court · 1890
- Kolas v. LaRochelleMassachusetts Supreme Judicial Court · 1930
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