Archer v. McClure
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at November Term, 1913, of OheRoicee. This action or proceeding was brought by the plaintiffs to reform and recover upon a bond given by the defendants in an action brought by Robert N. Archer and others against George ~W. McClure.
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Appeal by defendant from Ferguson, J., at November Term, 1913, of OheRoicee. This action or proceeding was brought by the plaintiffs to reform and recover upon a bond given by the defendants in an action brought by Robert N. Archer and others against George ~W. McClure. The original action of Archer and others against McClure was brought for the recovery of a certain tract of land described in the complaint, and a restraining order was issued therein against the said McClure, enjoining him from cutting timber from the lands in dispute, and from removing certain sawed lumber. Thereafter the…
1Opinion of the Court
Walker, J.,
after stating the case: The doctrine is elementary that parol evidence is not, in general, admissible between, the parties to vary a written instrument, but it is equally well settled that mistake, fraud, surprise, and accident furnish exceptions to the universal principle, and parol evidence, in any case brought within one of the exceptions, is admitted to vary the writing so far as to make it,accord with the true intention and agreement of the parties. These exceptions rest upon the highest motives of policy and expediency, or otherwise an injured party would generally be without…
2Cases cited17 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Lee v. PercivalSupreme Court of Iowa · 1892
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
- Lehew v. Hewett.Supreme Court of North Carolina · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hoffman v. ChapmanCourt of Appeals of Maryland · 1943
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Rentenbach Engineering Co., Construction Division v. General Realty Ltd.Court of Appeals of Tennessee · 1985
- DeLong v. CobbSupreme Court of Georgia · 1959
- Manning Lumber Co. v. VogetOregon Supreme Court · 1950
11 more not listed; retrieve them via the Exa API.