Colgate & Co. v. Latta & Myatt
Supreme Court of North Carolina
This was a Civil actioN, originally brought before a Justice of the Peace and carried, by appeal of plaintiffs, to the Superior Court, where it was tried de novo before Holce, J, and a jury, at February Term, 1894. Before the Magistrate “the plaintiffs complained that the defendants are indebted to them in the sum of $170 and interest on same from January 1, 1892, balance of account for goods sold and delivered under a contract entered into on the 18th November, 1891.” The…
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This was a Civil actioN, originally brought before a Justice of the Peace and carried, by appeal of plaintiffs, to the Superior Court, where it was tried de novo before Holce, J, and a jury, at February Term, 1894. Before the Magistrate “the plaintiffs complained that the defendants are indebted to them in the sum of $170 and interest on same from January 1, 1892, balance of account for goods sold and delivered under a contract entered into on the 18th November, 1891.” The defendants denied owing the account.- When the case came on for trial in the Superior Court, a jury was empaneled and…
1DissentClark, J.
In Cumming v. Barber, 99 N.C. 332, it is said that "if it appear that the entire agreement was not reduced to writing, or if the writing itself leaves it doubtful or uncertain as to what the agreement was, parol evidence is competent, not to contradict, but to show and make certain what was the real agreement of the parties, and, in such case, what was meant is for the jury under proper instructions from the court."
Mr. Abbott in his work on Trial Evidence, p. 294, says: "In the present state of the law, the rule excluding parol to vary a writing in its application to commercial sales amounts…
2Cases cited1 opinion
- Cumming v. . BarberSupreme Court of North Carolina · 1888
3Cited by9 opinions
- Boone v. . BooneSupreme Court of North Carolina · 1940
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Russell & Axon v. HandshoeDistrict Court of Appeal of Florida · 1965
- Buie v. KennedySupreme Court of North Carolina · 1913
- Brown v. . HobbsSupreme Court of North Carolina · 1908
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