Broaddus v. Grout
Texas Supreme Court
1DissentJustice Wilson
I respectfully dissent first for the reason that neither the parol evidence rule nor the Statute of Frauds have any applica*404tion in this case; second, for the reason that the majority opinion does not distinguish between “identifying” land in an instrument and “locating” land on the ground; and, third, for the reason that this deed falls within Art. 1292, R.C.S. 1925.
The parol evidence rule bars evidentiary matter offered to vary or contradict the terms of a writing or to add to it when the writing is the complete repository of the agreement. Here the alleged deficiency in the deed is the…
2Cases cited23 opinions
- Wilson v. FisherTexas Supreme Court · 1945
- Smith Et Ux. v. SorelleTexas Supreme Court · 1935
- Hermann v. LikensTexas Supreme Court · 1897
- Sanderson v. SandersonTexas Supreme Court · 1937
- Miller v. HodgesTexas Commission of Appeals · 1924
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