Smith & Co. v. Rice
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before tbe Hon. James Q. Smith. This action was brought by J. M. & J. A. Smith & Go., suing as partners,' against William T. Rice, to recover “ six bales of cotton, six hundred bushels of corn, one hundred bushels of peas, twenty-five bushels of potatoes, one lot of hay, and ten head of cattle,” with damages for their detention ; and was commenced on the 7th December, 1874. The plaintiffs claimed the property under the…
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Appeal from the Circuit Court of Autauga. Tried before tbe Hon. James Q. Smith. This action was brought by J. M. & J. A. Smith & Go., suing as partners,' against William T. Rice, to recover “ six bales of cotton, six hundred bushels of corn, one hundred bushels of peas, twenty-five bushels of potatoes, one lot of hay, and ten head of cattle,” with damages for their detention ; and was commenced on the 7th December, 1874. The plaintiffs claimed the property under the following mortgage, executed to them by the defendant: “ Know all men by these presents, that I, William T. Rice, of tbe county…
1Opinion of the CourtStone, J.
We do not think the testimony of the witness Bice, as to the alleged agreement, not expressed in the writing — “that, at the time of the execution of said mortgage, it was understood and agreed between plaintiffs and defendant, that said advances or supplies were to be furnished or delivered by the plaintiffs to the defendant as they were the preceding year” — offended the rule, that oral testimony will not be received to vary the terms of a written contract. We hold, that this contract, which is continuous in its character, belongs to a class which, on their face, indicate, that they do not…
2Cases cited18 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Perminter v. KellySupreme Court of Alabama · 1851
- Drake v. GoreeSupreme Court of Alabama · 1853
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3Cited by17 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Poole v. GriffithSupreme Court of Alabama · 1927
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Julian v. YeomanSupreme Court of Oklahoma · 1910
- Byrd v. BeallSupreme Court of Alabama · 1907
12 more not listed; retrieve them via the Exa API.