Gilman Bros. v. Williams
Supreme Court of Vermont
General ASSUMPSIT with a count on a promissory note. Plea, the general issue. Trial by jury at the December Term, 1901, Caledonia County, Munson, J., presiding. Verdict and judgment thereon for the defendant. The plaintiffs excepted.
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General ASSUMPSIT with a count on a promissory note. Plea, the general issue. Trial by jury at the December Term, 1901, Caledonia County, Munson, J., presiding. Verdict and judgment thereon for the defendant. The plaintiffs excepted. The plaintiffs claimed to recover a balance due on a lien note given for the purchase price of a pair of horses sold by them to the defendant on the day of the date of the note, which horses had since been taken and sold by an officer, and the net avails .applied thereon. The defendant's parol evidence, admitted under exception, tended1 to show that, at the time…
1Opinion of the CourtRowell, C. J.
The existence of an oral agreement as to a matter on which a document is silent, and which is not inconsistent with its terms nor its legal effect, may be proved by parol, if, in the circumstances of the case, it may properly be inferred that the parties did not intend the document to be a complete and final statement of the whole of the transaction between them. This case falls within that principle, which is more a rule of substantive law than of evidence. Here the dloicument shows on its face that it was not intended to be a statement of the whole of the transaction out of which it grew,…
2Cases cited1 opinion
- Labbee v. JohnsonSupreme Court of Vermont · 1894
3Cited by3 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914