Phoenix Publishing Co. v. Riverside Clothing Co.
Supreme Court of Minnesota
Appeal by plaintiff, the Phoenix Publishing Company, from a judgment of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., entered March 21, 1893, that it take nothing by this action.
Read the full summary
Appeal by plaintiff, the Phoenix Publishing Company, from a judgment of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., entered March 21, 1893, that it take nothing by this action. The defendant, the Riverside Clothing Company, gave plaintiff an order of which the following is a copy: “$>10. MINNEAPOLIS, Minn., June 16th, 1892. “To The Phoenix Publishing Co. “You are hereby authorized to deliver twelve copies of Pen and Sunlight Sketches of Minneapolis, containing also views of the World’s Columbian Exposition, bound in illuminated pamphlet covers, for which we will pay you…
1Opinion of the CourtMitchell, J.
The rule forbidding the use of parol evidence to' affect a written instrument does not apply to a case where a part only of the dealings between the parties in respect to a particular subject-matter is reduced to writing, except as respects such part. It is always competent to prove by parol the existence of any separate oral agreement as to any matter on which the document is silent, and which is not inconsistent with its terms, if, from the circumstances of the case, the court infers that the parties did not intend the document to be a complete and final statement of the whole of the…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
- Boynton Furnace Co. v. ClarkSupreme Court of Minnesota · 1890
- Episcopal City Mission v. BrownSupreme Court of the United States · 1895
- Beyerstedt v. Winona Mill Co.Supreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Alpha Real Estate Co. of Rochester v. Delta Dental Plan of MinnesotaSupreme Court of Minnesota · 2003
- Bussard v. College of Saint Thomas, Inc.Supreme Court of Minnesota · 1972
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Jimmerson v. Troy Seed Co.Supreme Court of Minnesota · 1952
- Potter v. EastonSupreme Court of Minnesota · 1901
14 more not listed; retrieve them via the Exa API.