Legal Opinion

M. Noyes & Co. v. Canfield

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 7 opinions

Written contracts, when and how far explainable by parol testimony. Assumpsit upon a contract in writing by tbe defendant to transport tbe plaintiff's freight, during tbe navigable season of 1852. The cause was referred and tbe referees reported the following facts.

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Written contracts, when and how far explainable by parol testimony. Assumpsit upon a contract in writing by tbe defendant to transport tbe plaintiff's freight, during tbe navigable season of 1852. The cause was referred and tbe referees reported the following facts. The plaintiffs and defendant on the 10th day of April, 1852, entered into the following agreement in writing, viz: “ Burlington, April 10,1852. “ Memorandum of agreement this day made and concluded by “ and between Thomas H. Canfield of the first part, and of M. “ Noyes & Co. of the second part witnesseth, “ That the party of the…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The questions in this case arise upon exceptions to a report of referees. The plaintiffs seek to recover damages for a refusal by the defendant to transport about seven hundred tons of pressed hay from Burlington and other ports on Lake Champlain, to the city of New York, according to the terms and provisions of of a written contract, made on the 10th of April, 1852. The question arises, whether the referees erred in admitting parol evidence to show that this kind of property was not included in the provisions of that contract. The contract is…

2Cases cited2 opinions

  1. Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
  2. Putnam v. SmithSupreme Court of Vermont · 1829

3Cited by7 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Warfield v. BoothCourt of Appeals of Maryland · 1870
  3. Brown v. MarklandUtah Supreme Court · 1898
  4. Cilley v. BaconSupreme Court of Vermont · 1915
  5. Groot v. StorySupreme Court of Vermont · 1872

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