Corse v. . Peck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 18, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance alleged to be due plaintiff from defendants for brick sold and delivered. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 18, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance alleged to be due plaintiff from defendants for brick sold and delivered. The material facts are stated in the opinion. The court erred in permitting paroi evidence of the original contract between the parties. (Cox v. Bennett, 1 Green, 167; Pallen v. Le Roy, 30 N. Y. 560; Greenl.…
1Opinion of the CourtAndrews, J.
The rule that paroi evidence is inadmissible to add to or vary the terms of a written contract, precludes evidence of the negotiation which preceded or conversations which accompanied the making of it in relation to the subject-matter thereof, unless necessary to explain ambiguous provisions, the meaning of which cannot be ascertained with cer tainty by an inspection of the written instrument. We think the trial judge in his refusals to charge, failed to properly enforce this familiar principle in the law of evidence. By the written contract the plaintiff sold to the defendants two million…
2Cited by15 opinions
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Emmett v. . PenoyerNew York Court of Appeals · 1897
- Continental Bank & Trust Co. v. W. A. R. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Morris v. Chesapeake & O. S. S. Co.District Court, S.D. New York · 1903
- Williams v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
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