Beasley v. Beasley
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by C. O. Beasley against J. R. Beasley. Judgment for the defendant, and plaintiff appeals.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by C. O. Beasley against J. R. Beasley. Judgment for the defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. J. R. Beasley purchased from C. O. Beasley a farm for which he agreed to pay $2,-000, $1,000 to be paid in cash, and $1,000 to be paid January, Í919. The cash payment was made, and payments aggregating $1,-100 were made at various times, but all before the due date of the mortgage. In the meantime C. O. Beasley sold J. R. Beasley fruit trees amounting to…
1Opinion of the CourtThomas, J.
[1] It is established that a contemporaneous parol agreement is not admissible in evidence to show the intention of the parties was other than that clearly expressed in the writing signed by them and evidencing their agreement. Formby v. Williams, 203 Ala. 14, 19, 81 South. 682, and authorities there collected; Planters’ Chem. & Oil Co. v. Steames, 189 Ala. 503, 66 South. 699; Morris v. Robbinson, 80 Ala. 291. The paper writing in question is unambiguous, and no error was committed in rejecting evidence of the contemporaneous parol agreement made at the time the mortgage was executed, and not…
2Cases cited17 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Christie v. DurdenSupreme Court of Alabama · 1921
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
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3Cited by7 opinions
- Schwartz v. ZaconickSupreme Court of Florida · 1954
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Stone v. State Ex Rel. FreelandSupreme Court of Alabama · 1925
- Bell v. BarnesSupreme Court of Alabama · 1939
- Mobile County v. London Lancashire Ins. Co.Alabama Court of Appeals · 1937
2 more not listed; retrieve them via the Exa API.