Mathias v. State Farmers' Mutual Hail Insurance
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, Honorable W. O. Crawford, Judge. Defendant appeals. Plaintiff’s cause of action is based wholly upon a contract of adjustment of the loss. “The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.” Civ.
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Appeal from the District Court of Hettinger County, Honorable W. O. Crawford, Judge. Defendant appeals. Plaintiff’s cause of action is based wholly upon a contract of adjustment of the loss. “The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.” Civ. Code, § 5889; Alsterberb v. Bennet, 14 N. D. 596, 106 N. W. 49. Evidence of prior parol agreements is not permissible. 17 Cyc. 669. In order to permit parol evidence of…
1DissentGbaoe, J.
I dissent from the per curiam opinion signed by the majority court, denying a rehearing. I am fully convinced-*252that a rehearing should be granted. I do not agree with most of the reasoning of the per curiam opinion.
The plaintiff had a loss to his crop by hail. It is claimed by the plaintiff that the adjustment was for $335 and a return of the premium note. The defendant claims the adjustment was for the amount stated in exhibit 1, which was $250. The adjustment was signed by the adjuster on behalf of the insurance company and by the plaintiff; and this adjustment constitutes a contract, in…
2Cases cited6 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
- Home Insurance v. HowardIndiana Supreme Court · 1887
- Charron v. Northwestern Fuel Co.Wisconsin Supreme Court · 1912
- Thomas v. MettelSouth Dakota Supreme Court · 1918
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