Smith v. Lilley
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was assumpsit brought in the Court of Common Pleas to recover one per cent, of $140,000, the selling price of the “ Fletcher Building,” under the following agreement: — Providence, January 18, 1886. Charles H. Smith is hereby authorized to hire $90,000 or $100,000 on the Fletcher Building, for one year from July 1,1886, interest not over five per cent, per annum, semi-annually in advance, commission one per cent.
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Exceptions to the Court of Common Pleas. This action was assumpsit brought in the Court of Common Pleas to recover one per cent, of $140,000, the selling price of the “ Fletcher Building,” under the following agreement: — Providence, January 18, 1886. Charles H. Smith is hereby authorized to hire $90,000 or $100,000 on the Fletcher Building, for one year from July 1,1886, interest not over five per cent, per annum, semi-annually in advance, commission one per cent. And said Smith is authorized to sell said building for not less price than $150,000. His commission when said sale is completed,…
1Per curiam
The question raised by the first exception, as argued, is this, namely, where a contract has been entered into in writing, subscribed by one party and delivered to the other, is it competent for the subscribing party to show, by oral testimony, that subsequently the parties before separating agreed orally to a modification of it ? The court below decided that it was. The plaintiff excepted to the decision as inconsistent with the familiar rule that oral agreements between the parties to a written contract, made before or at the time of its execution, are inadmissible to vary its terms or to…
2Cited by5 opinions
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