Heatherly v. Record
Texas Supreme Court
Error from Bowie. The defendant in error, James C. Record, sued Henry B. Heatherly upon a written contract for the rent of land. The defence set np was deception practised by the former as to the quality of the land, a subsequent parol contract, and a discount and payment. By the original contract, the defendant stipulated to pay two dollars per acre for that cultivated in cotton, and ten bushels per acre for that cultivated in corn.
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Error from Bowie. The defendant in error, James C. Record, sued Henry B. Heatherly upon a written contract for the rent of land. The defence set np was deception practised by the former as to the quality of the land, a subsequent parol contract, and a discount and payment. By the original contract, the defendant stipulated to pay two dollars per acre for that cultivated in cotton, and ten bushels per acre for that cultivated in corn. By the substituted contract, he was to pay one-third of the'crop by the way of rent; and he alleges that the payments made by him amounted to more than the…
1Opinion of the Court
Hemphill, Ch. J.
The only errors which will be noticed. *50are, 1st, the exclusion of the evidence to prove the substituted contract, and 2nd, the recovery of costs by the plaintiff.
There is no doubt, as a general rule, that parol cotemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument; but there is as little doubt that a new and distinct agreement, upon a new consideration, may be established by proof, whether it be a substitute for the old, or in addition to, or beyond it. Where the abandonment of the old contract is mutual, the new is valid either…
2Cited by6 opinions
- Eubank v. BostickCourt of Appeals of Texas · 1917
- Wallace v. RenfroeCourt of Appeals of Texas · 1939
- Barnard Moran v. WilliamsCourt of Appeals of Texas · 1914
- History Co. v. FlintCourt of Appeals of Texas · 1891
- Scott v. Industrial Finance Corp.Court of Appeals of Texas · 1924
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