Robertson v. Vandeventer
Supreme Court of Oklahoma
Error from District Court, Washington County; R. H. Hudson, Judge. Action by Montie Vandeventer against John R. Robertson. Judgment for plaintiff, and defendant brings error. This was an action instituted by the defendant in-error to recover damages for the breach of a contract, which is hereinafter set out.
Read the full summary
Error from District Court, Washington County; R. H. Hudson, Judge. Action by Montie Vandeventer against John R. Robertson. Judgment for plaintiff, and defendant brings error. This was an action instituted by the defendant in-error to recover damages for the breach of a contract, which is hereinafter set out. The petition alleged in substance: “That plaintiff was the owner of a complete string of drilling tools; that he was ready and willing, on- May 26, 1912, to perform his part of the contract, but that the defendant delayed him until June 18, 1912, and then refused to perform unless…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts-as'above). The first assignment of error is that the' court erred in admitting parol evidence to explain the paper given July 10, 1912, by showing that it did not embrace the Kentucky contract.
It is well settled that a simple receipt is an admission only, and not a contract, and, like any other admission, may be contradicted or explained by parol evidence (4 Wigmore on Evidence, sec. 2432; American Bridge Co. v. Murphy, 13 Kan. 35; Brooks v. White, 43 Mass. [2 Metc.] 283, 37 Am. Dec. 95), but it is equally well settled that if a contract is…
2Cases cited6 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- American Bridge Co. v. MurphySupreme Court of Kansas · 1874
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Nowlin v. MelvinSupreme Court of Oklahoma · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wallace v. L. D. Clark & SonSupreme Court of Oklahoma · 1918
- Davis v. City of OkmulgeeSupreme Court of Oklahoma · 1935