Garnet Carter Co. v. Carver & Smith
Supreme Court of Arkansas
Appeal from Greene Circuit Court; R. H. Dudley, Judge; 1. The verbal promise ito advertise, if one was made, preceded the signing of the contract and was merged therein. 129 Ark. 354; 75 Ark. 206; 94 Id. 120. Parol testimony is not admissible to contradict or vary or add to any of the terms of a written contract. 196-S. W; 800; 83 Ark. 283; II. 240; lb. 105; 80 Id. 505; 20 Term. 415. Faulkner liad no authority to make the advertising contract, but if he had, that was an…
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Appeal from Greene Circuit Court; R. H. Dudley, Judge; 1. The verbal promise ito advertise, if one was made, preceded the signing of the contract and was merged therein. 129 Ark. 354; 75 Ark. 206; 94 Id. 120. Parol testimony is not admissible to contradict or vary or add to any of the terms of a written contract. 196-S. W; 800; 83 Ark. 283; II. 240; lb. 105; 80 Id. 505; 20 Term. 415. Faulkner liad no authority to make the advertising contract, but if he had, that was an independent contract or obligation. The contract was complete and binding. 2. The court erred in its instructions. 1.…
1Opinion of the CourtHumphreys, J.
Appellant, a corporation, brought suit on the 15th day of July, 1916, before a magistrate in Clark township, Greene County, Arkansas, against appellees, a partnership, for $50 on open account for profit sharing coupons and certificates. The cause was tried upon the evidence and a judgment rendered in favor of appellees. An appeal was prosecuted to the circuit court of Greene County and there tried by a jury upon the evidence and instructions of the court. A verdict was returned in favor of appellees and a judgment rendered in accordance with the verdict. An appeal has been properly prosecuted…
2Cases cited2 opinions
- Cage v. BlackSupreme Court of Arkansas · 1911
- Scaife v. ByrdSupreme Court of Arkansas · 1882
3Cited by1 opinion
- Massachusetts Protective Ass'n v. OdenSupreme Court of Arkansas · 1933