Filkins v. . Whyland
New York Court of Appeals
Appeal from the Supreme Court. Action for breach of warranty of the soundness of a horse. Upon the trial the plaintiff gave evidence of the negotiation for the sale and purchase of the horse, tending to prove that the plaintiff warranted him to be sound, and that he proved unsound shortly after the delivery of him to the defendant.
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Appeal from the Supreme Court. Action for breach of warranty of the soundness of a horse. Upon the trial the plaintiff gave evidence of the negotiation for the sale and purchase of the horse, tending to prove that the plaintiff warranted him to be sound, and that he proved unsound shortly after the delivery of him to the defendant. At the conclusion of the plaintiff’s evidence, he produced, upon the call of the defendant’s counsel, an instrument in writing, in these words: “Trot, Nov. 19, ’52. “ C. B. Filkins, “ Bo’t of. 0. Whyland, l( 1 Horse,____ ............................. $150 00…
1Opinion of the CourtWright, J.
When a contract is consummated by writing, the presumption of law is that the written instrument contains the whole of it; and it will not be allowed to show oral repre-' sentations or stipulations, preceding or accompanying the execution of the instrument, differing from or not inserted in it. The agreement to which the contractors bound themselves is to be ascertained exclusively by the waiting.
These familiar principles were applied to and controlled the decision of this case by the referee. Whether, in view of conceded facts, they were correctly applied, is now the single point in judgment!
2Cases cited3 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Mumford v. McPhersonNew York Supreme Court · 1806
- Niles v. CulverNew York Supreme Court · 1850
3Cited by32 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Russell v. . CarringtonNew York Court of Appeals · 1870
- McKinney v. HarvieSupreme Court of Minnesota · 1887
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