West v. Kelly's Ex'rs
Supreme Court of Alabama
Eehor to the County Court of Pickens.- Assumpsit on a promissory'note executed by the plaintiffs in' error, of which the following.is a copy: u For and in considera-tion of services to be performed by H.-W. Ellis and Isham H. Kelly, attorneys at law, &c.,-in a certain suit in chancery hereafter to be instituted in our behalf against David Sloan to remove • him as trustee,- &c., we promise to pay to them on the first day of’ January, A., D. 1842, the sum of two hundred…
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Eehor to the County Court of Pickens.- Assumpsit on a promissory'note executed by the plaintiffs in' error, of which the following.is a copy: u For and in considera-tion of services to be performed by H.-W. Ellis and Isham H. Kelly, attorneys at law, &c.,-in a certain suit in chancery hereafter to be instituted in our behalf against David Sloan to remove • him as trustee,- &c., we promise to pay to them on the first day of’ January, A., D. 1842, the sum of two hundred dollars. Carroll-ton, Ala., Dec. 4, A. D. 1840,” signed by the defendants. On the trial, the defendants offered to prove by a…
1Opinion of the CourtDargan, C. J.
The general rule is admitted by all, that parol proof cannot bo received to add to, detract from, vary or' contradict a. written contract.- But the application of this gen— *354eral rule tQ each particular case is frequently a task of difficulty, 2. and bas given rise to as many contradictory decisions, as any . question with which courts have had to deal. If the instrument is perfect and complete, that is, if it contains the entire contract, then the rule is inflexible that parol evidence cannot be received to add another term 'to the written instrument, or to change its legal effect. —3 Starkie…
2Cases cited1 opinion
- Litchfield v. FalconerSupreme Court of Alabama · 1841
3Cited by26 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- Hicks v. Mid-Kansas Oil & Gas Co.Supreme Court of Oklahoma · 1938
- American Contract Co. v. Bullen Bridge Co.Oregon Supreme Court · 1896
- Holmes v. EvansSupreme Court of Oklahoma · 1911
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