Meserve v. Traverso

The opinion of the court was delivered by

Perskie, J.

The basic question requiring decision is whether, under the circumstances exhibited, parol evidence concerning the allegedly intended exclusion of certain fixtures from the bill of sale covering the transaction between the seller and the buyer was properly admissible. We think that it was.

Counsel for the respective parties stipulated the state of case which was submitted to the Supreme Court. From the facts so stipulated, we learn that respondent — plaintiff below— sold appellant a store, merchandise, fixtures, good-wilJ, &c., for the sum of…