Dr. Shoop Medicine Co. v. J. A. Mizell & Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., and a jury, at June Term, 1908, of Ma&tiN. . This action was brought to recover the price of goods sold . and delivered to the defendant under a written contract containing the following stipulation: “This order is not subject to countermand, and we will receive said goods promptly on arrival at the station named above. Failure to do so will make this order due on demand.
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ActioN tried before Lyon, J., and a jury, at June Term, 1908, of Ma&tiN. . This action was brought to recover the price of goods sold . and delivered to the defendant under a written contract containing the following stipulation: “This order is not subject to countermand, and we will receive said goods promptly on arrival at the station named above. Failure to do so will make this order due on demand. There is no agreement, verbal or otherwise, affecting the terms of this order than is specified herein.” The court, over the plaintiff’s objection, permitted the defendant to testify that at the…
1Opinion of the CourtWalker, J.
Tbe evidence as to tbe parol agreement at tbe time tbe written contract was executed was incompetent. It contradicted tbe plain terms of tbe written instrument, and it is not permissible to dp this, even where there is a contemporaneous oral stipulation which was not reduced to writing, although intended to be a part of the contract. Tbe oral must not conflict with tbe written part of tbe contract. Tbe subject is fully discussed by us in Basnight v. Jobbing Co., ante, 350, where the authorities will be found. See, also, Walicer v. Venters, next succeeding. It would be useless to point out in…
2Cases cited3 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Dellinger v. . GillespieSupreme Court of North Carolina · 1896
- MacHine Co. v. Hill.Supreme Court of North Carolina · 1904
3Cited by19 opinions
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- S. F. Bowser & Co. v. TarrySupreme Court of North Carolina · 1911
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Woodson v. BeckSupreme Court of North Carolina · 1909
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
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