Paysant v. Ware
Supreme Court of Alabama
THE plaintiff in error brought an action of assumpsit against the defendant upon a promissory note, for the payment of three thousand dollars. The defendants pleaded, 1st. non assumpsit; 2d. payment; 3d. set-off. ' At the trial, a bill of exceptions was sealed at the instance of the plaintiff. From this it appears, that the plaintiff having read the note declared on, rested his case.
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THE plaintiff in error brought an action of assumpsit against the defendant upon a promissory note, for the payment of three thousand dollars. The defendants pleaded, 1st. non assumpsit; 2d. payment; 3d. set-off. ' At the trial, a bill of exceptions was sealed at the instance of the plaintiff. From this it appears, that the plaintiff having read the note declared on, rested his case. The defendants, on their part, read to the jury an agreement in writing, entered into between the plaintiff and two of the defendants, viz: Ware and Barringer, and proved that the note was made in pursuance…
1Opinion of the CourtCollier, C. J.
— Two questions arise upon the record in this caso — First: Was the parol evidence of what was the contract of the parties admissible, or did not the writing executed *164by the parties, exclude such evidence? Second: Was it competent for the defendants to prove, that the plaintiff assented to the payment of money by them on his account, without proving .a power of attorney authorizing such payment.
1st. Where parties have entered into a contract in writing, they are presumed to have expressed their agreement truly, and cannot be allowed to add to, vary, explain or contradict it, by parol…
2Cited by26 opinions
- Potter v. First Real Estate Co., Inc.Supreme Court of Alabama · 2002
- North v. JoslinMichigan Supreme Court · 1886
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Bickley v. BickleySupreme Court of Alabama · 1902
- O'Neil v. TeagueSupreme Court of Alabama · 1845
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