Mt. Vernon Stone Co. v. J.R. Sheely & Co.
Supreme Court of Iowa
Appeal from Polio District Court. — IIon. TV. F. Conrad, Judge. Plaintiee, a corporation, brings this action against the defendant co-partnership and the members thereof, and, as cause of action, alleges, in substance, as follows: That these parties entered into a contract in writing on the 1 twenty-ninth day of October, 1897, as- follows: “This agreement-, entered into this day between J. P. Sheely & Co., of Des Moines, Iowa., party of the first part, and the Mt.
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Appeal from Polio District Court. — IIon. TV. F. Conrad, Judge. Plaintiee, a corporation, brings this action against the defendant co-partnership and the members thereof, and, as cause of action, alleges, in substance, as follows: That these parties entered into a contract in writing on the 1 twenty-ninth day of October, 1897, as- follows: “This agreement-, entered into this day between J. P. Sheely & Co., of Des Moines, Iowa., party of the first part, and the Mt. Vernon Stone Co., of Mt. Vernon, Iowa, by its secretary and treasurer, TV. E. Plattner, party of the second part, witnesseth, that…
1Opinion of the CourtGiven, C. J.
2 I. Evidence offered by plaintiff tending to show the oral agreements alleged was admitted over defendants’ objections, and of this they complain. “The rule is elementary that, where a contract is reduced to writing, the writing affords the only evidence of the terms and conditions of the contract. All antecedent and contemporaneous verbal agreements are merged in the written contract. The law will not allow that an agreement in such case may rest partly in writing and partly in parol, so that it is equally inadmissible to add to, take from, or specifically change the terms of the written…
2Cases cited2 opinions
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Murdy v. SkylesSupreme Court of Iowa · 1897
3Cited by12 opinions
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- Comptograph Co. v. Burroughs Adding Machine Co.Supreme Court of Iowa · 1916
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908
- Hinsdale v. McCuneSupreme Court of Iowa · 1907
- Ingram v. DaileySupreme Court of Iowa · 1904
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