Legal Opinion

Stapleton v. King

Supreme Court of Iowa

Decided December 14, 1871PublishedCited by 15 opinions

Appeal from, Johnson District Court., The plaintiff alleges in his petition that the defendants entered into a written contract with plaintiff and Josiah Thompson, by which plaintiff and Thompson delivered to defendants 354 head of sheep, which defendants agreed to take good care of, to keep np the number of the flock, and to deliver to plaintiff and Thompson, annually, at shearing time, two pounds of well washed wool per head.

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Appeal from, Johnson District Court., The plaintiff alleges in his petition that the defendants entered into a written contract with plaintiff and Josiah Thompson, by which plaintiff and Thompson delivered to defendants 354 head of sheep, which defendants agreed to take good care of, to keep np the number of the flock, and to deliver to plaintiff and Thompson, annually, at shearing time, two pounds of well washed wool per head. That, for the years 1865, 1866, 1867, 1868 and 1869, the defendants failed to deliver wool, according to the terins of their agreement, on account whereof they are…

1Opinion of the Court

Day, Ch. J.

1. Evidence! parol testimony: receipt. The principal question involved in this case is, whether the exhibit attached to the defendant’s answer, and by counsel denominated a receipt, a writing, and a contract, may be explained by parol testimony, by showing what occurred at the time of its execution. The rule is well settled that parol contemporaneous evidence is not admissible for the purpose of explaining, varying or adding to, a valid written contract, but that a simple receipt may, by such testimony, be explained and even contradicted. The only difficulty in the case is to…

2Cases cited6 opinions

  1. Kellogg v. RichardsNew York Supreme Court · 1835
  2. Van Ostrand v. ReedNew York Supreme Court · 1828
  3. Creery v. HollyNew York Supreme Court · 1835
  4. Austin v. HallNew York Supreme Court · 1816
  5. Barber v. BraceSupreme Court of Connecticut · 1819

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3Cited by15 opinions

  1. Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
  2. Jones v. JonesSupreme Court of Iowa · 1877
  3. Koch v. WestSupreme Court of Iowa · 1902
  4. Ohio & Mississippi Railway Co. v. TrapIndiana Court of Appeals · 1892
  5. Mounce v. KurtzSupreme Court of Iowa · 1897

10 more not listed; retrieve them via the Exa API.

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