Mithoff v. Byrne, Vance & Co.
Supreme Court of Louisiana
APPEAL from the Sixth District Court of New Orleans, Buplaniier, J. Reporter. — The original opinion and decree of the Supreme Court in this case — which was in favor of the defendants, is not published.
1Opinion of the Court
HowEi/n, J.
On the rehearing of this cause, the correctness of the ruling of the Judge a quo, in rejecting evidence to prove that defendants acted as agents in the transaction, to the knowledge of plaintiff, is again discussed. The defendants, in their brief, admit that the ambiguity in the written instrument sued on is patent; and “it is a settled rule, that parol evidence is inadmissible to explain an ambiguity apparent on the face of the instrument. ”
The evidence was therefore properly excluded.
The suit is for the delivery of one hundred bales of cotton, or its value at the date of the…
2Cases cited2 opinions
- People v. WarnerNew York Supreme Court · 1848
- Ex parte MorganSupreme Judicial Court of Maine · 1885