Smith v. Mussetter
Supreme Court of Minnesota
Appeal by defendant, Lathrop Mussetter, from an order of the District Court of Ramsey County, John W. Willis, J., made January 18, 1891, striking out his answer as sham and frivolous. On January 16, 1893, defendant made and delivered his note to plaintiffs, Edward B. Smith, John J. Parker and Victor C. G-ilman, whereby he promised to pay them on September 1 then next $2,105 and interest at six per cent, a year.
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Appeal by defendant, Lathrop Mussetter, from an order of the District Court of Ramsey County, John W. Willis, J., made January 18, 1891, striking out his answer as sham and frivolous. On January 16, 1893, defendant made and delivered his note to plaintiffs, Edward B. Smith, John J. Parker and Victor C. G-ilman, whereby he promised to pay them on September 1 then next $2,105 and interest at six per cent, a year. The note was not paid, and this action was to collect the contents. Defendant answered admitting that he made the note, but denied that he delivered it. He also alleged in substance…
1Opinion of the CourtMitchell, J.
Appeal from an order striking out an answer as sham and frivolous.
Of course, no rule is more elementary than that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
But the rule is almost equally well settled that parol evidence may be given to prove the existence of any separate parol agreement constituting a condition precedent to the attaching of any obligation under the written instrument. This is not to vary a written instrument, but to prove that no contract was ever made, — that its obligation never commenced. In Westman v.…
2Cases cited2 opinions
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
3Cited by14 opinions
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- Graham v. SavageSupreme Court of Minnesota · 1910
- Silliman v. DobnerSupreme Court of Minnesota · 1925
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