Rector v. Bernaschina
Supreme Court of Arkansas
Appeal from Saline Circuit Ooiirt. Alexander M. Duefie, Judge. Parol evidence is not admissible to contradict or vary the terms of an unambiguous written contract. 1 Greenleaf, Evid. §§ 257, 277, 281 and 282; 4 Ark. 179; 15 Ark. 543; 35 Ark. 164; 50 Ark. 393; 55 Ark. 347; 28 Ark. 146. It was the duty of the court to tell the jury the meaning of the clause in controversy. 3 Am. & Eng. Ene.
Read the full summary
Appeal from Saline Circuit Ooiirt. Alexander M. Duefie, Judge. Parol evidence is not admissible to contradict or vary the terms of an unambiguous written contract. 1 Greenleaf, Evid. §§ 257, 277, 281 and 282; 4 Ark. 179; 15 Ark. 543; 35 Ark. 164; 50 Ark. 393; 55 Ark. 347; 28 Ark. 146. It was the duty of the court to tell the jury the meaning of the clause in controversy. 3 Am. & Eng. Ene. Law, 867 et seq.; 20 Ark. 583. For the purpose of ascertaining the true intention of the parties, parol evidence of the facts and circumstances of the parties at the time of the agreement is admissible. 13…
1Opinion of the CourtBattle, J.
H. M. Sector instituted this action in the Garland circuit court against E. Bernaschina to recover $1,757 on a lease. The defendant denied that she was indebted to him, but alleged that he was indebted to her in a large sum, which she pleaded as a set-off. In a trial by jury the defendant recovered a verdict for $22.90. Judgment was rendered accordingly, and the plaintiff appealed.
We will set out so much of the lease, evidence, and instructions as is necessary to present the errors complained of by the appellant. The lease is, in part, as follows:
“ The said Sector, the party of the first…
2Cases cited1 opinion
- Richie v. FrazerSupreme Court of Arkansas · 1887
3Cited by3 opinions
- Moore v. TerrySupreme Court of Arkansas · 1899
- Griggs v. School District No. 70Supreme Court of Arkansas · 1908
- Buckeye Cotton Oil Co. v. Cheraw Ginning Co.Supreme Court of South Carolina · 1927