Beach v. Covillard
California Supreme Court
Appeal from the Tenth Judicial District. The opinion fully states the case. The plaintiff is estopped. (2 Cal. 142-3.) There was a defeasance or cancellation of the-bond. That parol proof may be given of the fulfilment, discharge, or satisfaction of a written contract, see 4 vol. Philips’ Evidence, 605, note 268 ; 3 Johns. N. Y. 509; 7 Cowen, 47. A covenant under seal, not broken, cannot be discharged by parol. (Cr'o.
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Appeal from the Tenth Judicial District. The opinion fully states the case. The plaintiff is estopped. (2 Cal. 142-3.) There was a defeasance or cancellation of the-bond. That parol proof may be given of the fulfilment, discharge, or satisfaction of a written contract, see 4 vol. Philips’ Evidence, 605, note 268 ; 3 Johns. N. Y. 509; 7 Cowen, 47. A covenant under seal, not broken, cannot be discharged by parol. (Cr'o. Jac. 99; 1 Taunt. 429; Dart on Vendors, 449; 7 Wend. 129; 10 Wend. 184.) Parol evidence is inadmissible to disannul or substantially vary a written agreement, except upon the…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt and Mr. J. Wells concurred.
This was an action to recover damages for the breach of a covenant under seal, to convey certain lots in the City of Marysville.
On the trial of the cause, the defendants offered to show, *316that they had. conveyed one of said lots to a third party, at the verbal direction and request of the plaintiff, and also offered in evidence a receipt signed by the plaintiff [316] for the “deeds to *saidlots described in said bond,” which testimony was excluded by the Court, and a judgment rendered for the…
2Cases cited2 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Allen v. CrofootNew York Supreme Court · 1827
3Cited by8 opinions
- Bowman v. WrightNebraska Supreme Court · 1902
- Wagner v. ShaponaCalifornia Court of Appeal · 1954
- United Mining Co. v. MortonCourt of Appeals of Kentucky · 1917
- Hooke v. Great Western Lumber Co.California Court of Appeal · 1921
- Keeney v. WatersCourt of Appeals of Kentucky · 1909
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