Godkin v. Monahan
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This action was brought by John F. Monahan, the defendant in error, to recover of John Godkin, the plaintiff in error, the contract price for curling and hauling certain logs under a written contract dated October 11, 1892. By this contract, Monahan agreed to cut and deliver in the Wisconsin river all the Norway and white pine timber suitable for saw logs standing and lying on the N.…
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This action was brought by John F. Monahan, the defendant in error, to recover of John Godkin, the plaintiff in error, the contract price for curling and hauling certain logs under a written contract dated October 11, 1892. By this contract, Monahan agreed to cut and deliver in the Wisconsin river all the Norway and white pine timber suitable for saw logs standing and lying on the N. i/, of section 31 in township 42 N., range 11 13.; to cut and skid all down and lying timber before felling the standing…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts). We have on. several occasions spoken to the rule that excludes parol evidence of verbal negotiations to contradict or vary the terms of a subsequent *119written contract. In Union Stock-Yards & Transit Co. v. Western Land & Cattle Co., 18 U. S. App. 438-153, 7 C. C. A. 660, and 59 Fed. 49, we declared the principle that the written agreement speaks, conclusively, the conclusion to which the parties to it have arrived, and all prior negotiations are merged in it, and that, where the language of an instrument has a settled legal construction, parol evidence is not…
2Cases cited30 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- United States v. BabbitSupreme Court of the United States · 1862
25 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.