Wade v. . Carter
Supreme Court of North Carolina
Evidenee — Explanation of paper writing. ’ Civil.Action, tried at Fall Term, 1876, of Craven Superior Court, before Seymour, J. The plaintiff alleged that the defendant was indebted to* him in the sum of $298, and to establish his claim, relied.on» .an instrument of writing, of which the following is a copy : “ For and in consideration of the sum of $298 I hereby transfer and assign to N Beckwith a certain judgment obtained d>y A. Wade plaintiff against B. A. Easley (and…
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Evidenee — Explanation of paper writing. ’ Civil.Action, tried at Fall Term, 1876, of Craven Superior Court, before Seymour, J. The plaintiff alleged that the defendant was indebted to* him in the sum of $298, and to establish his claim, relied.on» .an instrument of writing, of which the following is a copy : “ For and in consideration of the sum of $298 I hereby transfer and assign to N Beckwith a certain judgment obtained d>y A. Wade plaintiff against B. A. Easley (and others) in the County Court of Craven at March Term, 186 l, and authorize said Beckwith to settle with the trustees of B.…
1Opinion of the CourtReade, J.
It is settled, that a written contract cannot be contradicted, added to, or taken from, by parol evidence, offered by either of the parties thereto. But observe, that-this doctrine applies to written contracts and not to every writing. As for instance, a receipt for money, which contains no evidence of a contract between the parties, is liable to be explained or altered by parol evidence; but it is otherwise where it is relied on as evidence of a contract. Brown v. Brooks, 7 Jones, 93: Wilson v. Derr, 69 N. C. 137. And other exceptions are numerous. As where there is a latent ambiguity in a…
2Cases cited1 opinion
- Wilson Miller v. . DerrSupreme Court of North Carolina · 1873
3Cited by1 opinion
- Isler v. . MurphySupreme Court of North Carolina · 1880