Howard v. Stratton
California Supreme Court
Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The action was originally brought by one Tyson, to enforce an alleged vendor’s lien upon lands conveyed by him to the defendant, and for which the latter gave the notes referred to in the opinion.
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Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The action was originally brought by one Tyson, to enforce an alleged vendor’s lien upon lands conveyed by him to the defendant, and for which the latter gave the notes referred to in the opinion. The defendant offered to prove at the trial that +he conveyance was made in consideration of his agreement to support Tyson during his life, and that he had fully performed the promise. This evidence was excluded. The plaintiff had judgment, and afterward, and during the pendency of…
1Per curiam
The court erred in excluding evidence tending to prove that there was an agreement between Tyson and Stratton, by which the former agreed to let the latter have the rancho on which he lived in consideration of his giving Tyson a home and support during the residue of his life, and that the notes sued on in this action were given by Stratton to Tyson to secure the performance by Stratton of said agreement on his part, and that he had performed the same. The admission of such evidence would not violate the rule which forbids the introduction of parol evidence to contradict or vary a written…
2Cited by20 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Norman v. WaiteNebraska Supreme Court · 1890
- Torrey v. SheaCalifornia Court of Appeal · 1916
- Brames v. CratesIndiana Court of Appeals · 1980
- Schultz v. NobleCalifornia Supreme Court · 1888
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