Legal Opinion

New Home Sewing MacHine Co. v. Songer

Montana Supreme Court

Decided December 10, 1931No. 6,824Published

1Opinion

On Motion for Rehearing.

2Opinion of the CourtJustice Ford

On petition for rehearing, counsel for plaintiff asserts that “the decision of this court decides, in effect, that if an ambiguity exists on the face of a contract, that is, if words are used which are ambiguous, the door is thrown wide open for oral testimony, and that, not only can the meaning of those words be explained, but that a collateral or independent contract may be proven, resting solely in parol, which operates to destroy the plain and unambiguous portions of the written contract.” Such is not the effect of the decision.

The general rule contended for by…

3Cases cited8 opinions

  1. Stein Double Cushion Tire Co. v. Wm. T. Fulton Co.Court of Appeals of Texas · 1913
  2. Bernadette, Joseph & Co. v. Van BurenAppellate Division of the Supreme Court of the State of New York · 1925
  3. Ries v. Pacific Fruit & Produce Co.Idaho Supreme Court · 1930
  4. Hamilton & Young v. WillingTexas Supreme Court · 1889
  5. Fulton Motor Truck Co. v. Gordon Fire-Proof Warehouse & Van Co.Nebraska Supreme Court · 1920

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