Kingston v. Walters
New Mexico Supreme Court
Appeal from the District Court for Chaves County before M. C. Mechem, Associate Justice. Parol evidence of a contract within the Statute of Frauds is inadmissible in evidence.
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Appeal from the District Court for Chaves County before M. C. Mechem, Associate Justice. Parol evidence of a contract within the Statute of Frauds is inadmissible in evidence. Alexander v. Cleland, 13 N. M. 524; Williams-Hayward Shoe Co. v. Brooks, Wyo., 64 Pae. 342; Harris v. Frank, 81 Cal. 280, 22 Pae. 856; Hurt v. Ford, 142 Mo. 283, 44 S. W. 228, 41 L. A. R. 823; Bacon v. McChrystal, 10. Htah 290, 37 Pac. 563; 20 Cyc. 313. Agreement to extend time of written contract by parol is void. Emerson v. Slayter, 22 Howard, H. S. 28; Swan v. Seamans, 9 Wallace, H. S. 254; Kingston v. Walters, 14 N.…
1Opinion of the Court
OPINION-.
ABBOTT, J.
It is made clear by the evidence that, after giving the plaintiffs the memorandum in question/ the defendant did orally agree that they might have more than fifteen days for making the next payment required. The evidence is conflicting as to the number of days additional he agreed to give, but there was evidence which would have warranted the jury in finding that it was as many as ten days, which would have ended September 5. Before September 5, the defendant had refused to receive the $100 telegraphed him, on the ground that it came too late. If, then, the verbal agreement…
2Cases cited8 opinions
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