Cole v. Spann
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Before the Hon. S. Chapman. The defendant in error, declared in assumpsit, against the plaintiff in error, for money had and received ; and upon a special contract.
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Writ of Error to the Circuit Court of Macon. Before the Hon. S. Chapman. The defendant in error, declared in assumpsit, against the plaintiff in error, for money had and received ; and upon a special contract. On the trial, a bill of exceptions was sealed by the presiding judge, which shows, that the plaintiff below introduced a witness, who proved a verbal agreement between the plaintiff, and defendant, by which the defendant below, agreed to purchase a tract of land of one Williams, containing three hundred and twenty acres, and to let the plaintiff have it at the same price he had to give…
1Opinion of the CourtDargan, J.
If the contract between the parties was reduced to writing, this written agreement is supposed to contain the entire contract, and it is not permissible to add other terms to the contract than those contained in the written instrument. 1 Ala. R. 161; 5 Porter, 498. The question should have been left to the jury to determine^ whether there was a written contract, or not. If they found that the contract had been reduced to writing, they should then háve ascertained the terms of it, from the parol proof, as the instrument had been destroyed. The second charge therefore requested, was a simple…
2Cases cited2 opinions
- Mead v. StegerSupreme Court of Alabama · 1837
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