Gordon v. . Niemann
New York Court of Appeals
Appeal from judgment of tlie General Term of tlie Supreme Court in tire second judicial department, entered upon an order made December 16,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.- When a memorandum is made and it is capable of a clear and intelligible exposition * * parol evidence is incompetent to contradict or vary its terms.
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Appeal from judgment of tlie General Term of tlie Supreme Court in tire second judicial department, entered upon an order made December 16,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.- When a memorandum is made and it is capable of a clear and intelligible exposition * * parol evidence is incompetent to contradict or vary its terms. (Long v. M. I. Co., 1 N. Y. S. R. 38; Reed on Stat. of Frauds, §§ 25, 324; Williams v. Robinson, 73 Me. 195; Hubbard v. Marshall, 50 Wis. 327; Tait v.…
1Opinion of the Court
Follett, Ch. J.
In 1881 and 1882 the defendants were partners under the name of the Universal Fashion Company, and engaged in manufacturing and selling paper patterns. J une 21, 1881, the parties to this action entered into a written contract by which the defendants sold to the plaintiff a stock of patterns for $500, three-fifths of which were then delivered and the remainder were to be delivered in time for the fall trade of that year. The plaintiff paid seventy-five dollars down and agreed to pay the remainder of the price at certain specified dates within the ensuing year. By the contract…
2Cited by8 opinions
- Lilienthal v. Suffolk Brewing Co.Massachusetts Supreme Judicial Court · 1891
- Woodard v. FosterNew York Supreme Court · 1892
- David Taylor Co. v. Fansteel Products Co.Appellate Division of the Supreme Court of the State of New York · 1932
- American Surety Co. v. CrowNew York Supreme Court · 1898
- David Taylor Co. v. Fansteel Products Co.Appellate Division of the Supreme Court of the State of New York · 1932
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