F. D. Cummer & Son Co. v. Findley

GIBSON, District Judge.

The defendant has moved for a new trial. The suit was to recover the purchase price of a road-building machine for which defendant, through his agent, had given a written purchase order. The principal defense pleaded was that the parties had a contemporaneous oral agreement that the purchase was to be effective only if defendant secured a certain road-making job, which job had not been procured. Upon trial the oral testimony was excluded.

The written order was absolute. The oral agreement in effect' destroyed the written contract. Under such circumstance, the exclusion…