Cooper v. Cleghorn
Wisconsin Supreme Court
APPEAL from the Circuit Court for JRooh County. Action to recover the balance due upon a written contract, and to enforce the same as a mechanic’s lien.
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APPEAL from the Circuit Court for JRooh County. Action to recover the balance due upon a written contract, and to enforce the same as a mechanic’s lien. The contract was dated May 18th, 1875; and by the terms thereof the plaintiffs promised and agreed to sell to the defendants, for tlieir grist mill, certain machinery described in the agreement and specifications accompanying It, including, among other things, an engine, the cylinder of which was to be cased with black walnut; a boiler, with. 66 flues; four runs of French burr mill stones, faced and furrowed; four silent feeders; one No. 3…
1Opinion of the CourtCole, J.
No principle of law is better settled than that a written contract cannot be varied or controlled by parol agreements or understandings between the parties made previously to or simultaneously with the execution of' the written contract. “ When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, were reduced to writing; and all oral testimony of a…
2Cases cited2 opinions
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1878
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1879
3Cited by20 opinions
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Shepard v. MillsIllinois Supreme Court · 1898
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
- Gillmann v. HenryWisconsin Supreme Court · 1881
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