Herndon v. Henderson
Mississippi Supreme Court
Error to the Circuit Court of Hinds county. Hon. John Watts, judge. The facts of the case are fully stated in the opinion of the .court. ) The contract between the parties was a written one. The promissory note sued on, and the bill of sale of the slave for . which the note was given, both being in writing, constitute the whole contract.
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Error to the Circuit Court of Hinds county. Hon. John Watts, judge. The facts of the case are fully stated in the opinion of the .court. ) The contract between the parties was a written one. The promissory note sued on, and the bill of sale of the slave for . which the note was given, both being in writing, constitute the whole contract. "When a contract is reduced to writing, all oral altercations, propositions, offers, and conversations between ■ ■the parties, entered into prior to the execution of the written contract, are merged by the writing, and that instrument becomes the only…
1Opinion of the CourtShackelford, C. J.
This was an action of assumpsit in the First Distinct of Hinds Circuit Court founded upon a promissory note in the following words: “
“ $1600. Hinds Co., Miss.
“ Twelve months after date, I promise to pay Edward Herndon sixteen hundred dollars, value received.
“ James Henderson.”
“Dec. 28,1861.”
Henderson filed the plea of non-assumpsit, and plea of payment, with notice of set-off of $200 — also filed, with his plea of the general issue, notice that he was not liable on said note, and would prove, at the trial, “ that the contract was illegal, being given for a supposed slave. That the…
2Cited by14 opinions
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