J. J. Crable & Son v. O'connor
Wyoming Supreme Court
Error to the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. Parol evidence is inadmissible to contradict the terms of a written instrument. (21 Ency. Eaw, (2nd Ed.) 1078.) Such evidence is inadmissible to show that a third party is interested in the contract as a. partner, thereby contradicting the terms of the instrument.
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Error to the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. Parol evidence is inadmissible to contradict the terms of a written instrument. (21 Ency. Eaw, (2nd Ed.) 1078.) Such evidence is inadmissible to show that a third party is interested in the contract as a. partner, thereby contradicting the terms of the instrument. (Chambers v. Brown, 69 la. 213, 28 N. W. 561.) The parol admission of a party made in pais is competent evidence only of the facts which may be lawfully established by parol evidence. (Greénleaf on Ev., Sec.…
1Opinion of the Court
Potter, Justice.
The defendant in error was plaintiff in the court below and brought this action against J. J. Crable, E. I. Crable and J. J. Crable & Son, plaintiffs in error here, to recover a sum of money alleged to be due as rent for certain teams delivered to J. J. Crable & Son by the plaintiff pursuant to a written contract set out in the petition as follows:
“This agreement made this 5th day of September, 1910, between Pat O’Connor, of Thermopolis, Wyoming, party of the first part, and E. I. Crable of Thermopolis, Wyoming, party of the second part.
“Witnesseth, that the said party of the…
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- White Mountain Bank v. Presbury WestSupreme Judicial Court of Maine · 1858
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