Corbin v. Sistrunk
Supreme Court of Alabama
Ehroh. to the Circuit Court of Macon. Tried before the Hon. E. Pickens. 1. The parol testimony was inadmissible, because it wholly destroyed the legal effect of the writing, in the view taken by the court; and secondly, a contract cannot be partly in writing and partly by parol. If the parol testimony did not destroy the effect of the writing, it completely changed its legal effect.
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Ehroh. to the Circuit Court of Macon. Tried before the Hon. E. Pickens. 1. The parol testimony was inadmissible, because it wholly destroyed the legal effect of the writing, in the view taken by the court; and secondly, a contract cannot be partly in writing and partly by parol. If the parol testimony did not destroy the effect of the writing, it completely changed its legal effect. The parol testimony established a nerv contract, if any thing, and this without a sufficient consideration, and in this view the testimony was not admissible, nor tlio charge of the court correct. 2. It is…
1Opinion of the CourtChilton, J.
Assumpsit upon a writing executed by the defendant in error to the plaintiff, as follows : “ I, Susannah Sis-trunk, do oblige myself to pay to Jerome B. Corbin, for his ser*205vices for'overseeing, the sum of two hundred and fifty dollars in money, and two milch cows, also five acres of land to be ploughed when necessary.” This writing was attested by Daniel M. Perry as a subscribing witness, who was examined upon the trial, and testified that the writing was executed in the latter part of the year 1849, and that the services stipulated for were to commence the 1st Jan. 1850, and to continue for…
2Cases cited1 opinion
- Murchie v. McNabSupreme Court of Alabama · 1840
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