Barlow v. Flemming
Supreme Court of Alabama
Whit of Error to the Circuit Court of Clarke county. Assumpsit on a promissory note. At the trial, the defendant offered evidence, tending to show, that the note sued on was giv* en in payment of the price of a horse; that previously to writing the note, he offered to return the horse, alleging it was unsound, and for that reason, he should prefer not to keep it; the plaintiff’s intestate then insisted the horse was sound, and in a thriving condition, and told the defendant…
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Whit of Error to the Circuit Court of Clarke county. Assumpsit on a promissory note. At the trial, the defendant offered evidence, tending to show, that the note sued on was giv* en in payment of the price of a horse; that previously to writing the note, he offered to return the horse, alleging it was unsound, and for that reason, he should prefer not to keep it; the plaintiff’s intestate then insisted the horse was sound, and in a thriving condition, and told the defendant to close the matter bjr note, agreeing with him, that if he would give the note, it should be returned if the horse…
1Opinion of the CourtGoldthwaite, J.
-In this case, it is certain, the circuit court was in error, with respect to the application of the rule, that a written contract cannot be varied by parol evidence. The *147note given as the price of the horse, does not, necessarily refer to the contract of sale, or contain any of its terms. In itself it isa mere promise to pay, and its consideration was a proper subject of inquiry, whether shown by parol or in writing. If the contract respecting the horse had been reduced to writing, then parol evidence would be incompetent; but as it was entirely verbal, the mere execution of the note…
2Cited by12 opinions
- Jackson v. SampleSupreme Court of Alabama · 1937
- Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
- Mid-Continent Life Ins. Co v. BeasleySupreme Court of Alabama · 1918
- Racquetball of Mobile, Inc. v. WisserSupreme Court of Alabama · 1983
- Perkins Oil Co. v. DavisSupreme Court of Alabama · 1934
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