Legal Opinion

Ozark Diamond Mines Corp. v. Townes

Supreme Court of Arkansas

Decided April 19, 1915PublishedCited by 7 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy FulTc, Judge; 1. Parol testimony is inadmissible ito contradict the terms of- a valid written instrument. Greenleaf on Ev., § § 275-277; 153 IT.

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Appeal from Pulaski Circuit Court, Second Division; Guy FulTc, Judge; 1. Parol testimony is inadmissible ito contradict the terms of- a valid written instrument. Greenleaf on Ev., § § 275-277; 153 IT. S. 224; 117 Id. 582; 17 Oye. 647 ; 50 Ark. 393; 25 Id. 191; 24 Id. 20; 36 Id. 487; 37 Id. 110; 83 Id. 163; 49 Id. 285; 20 Id. 293; 127 S. W. 882; 115 Fed. 397; 31 L. E. A. (N. S.) 235. This ease does not fall within the rule as held in 76 Ark. 140; 82 Id. 219, or 100 Id. 360. The agreement attempted to be proven by parol was certainly “contemporaneous” and inadmissible. Oases supra. Parol…

1Opinion of the CourtHart, J.

Appellant sued appellees to recover upon a promissory note for $10,000. Appellees interposed a plea of a failure of 'Consideration in defense to the action on the note. The facts are as follows:

The note in question was introduced in evidence and shows that it was executed by appellees on October 26, 1912. It was payable to the order of appellant for $10,-000, and was nonnegotiable. For several years prior to the execution of the note, appellant company had not done any business, but about the time the note was executed, it began the establishment of its- plant, and was proceeding to develop…

2Cases cited4 opinions

  1. St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
  2. Graham v. RemmelSupreme Court of Arkansas · 1905
  3. Gale v. HarpSupreme Court of Arkansas · 1897
  4. Webster v. CarterSupreme Court of Arkansas · 1911

3Cited by7 opinions

  1. Sohland v. BakerSupreme Court of Delaware · 1927
  2. Webber v. RodgersSupreme Court of Arkansas · 1917
  3. Wilkinson v. FeildDistrict Court, W.D. Arkansas · 1952
  4. Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920
  5. Gates v. RitchieSupreme Court of Arkansas · 1924

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