Adams v. Gray
Supreme Court of Connecticut
This was an action of assumpsit on an agreement regarding the sale of a vessel, by the defendant, to the plaintiffs. The declaration stated, That in consideration that the the plaintiffs would buy of the defendant a certain sloop or vessel, called the Galen, for the sum of 495 dollars, to be paid for by three promissory notes of the plaintiffs for the sum of 165 dollars each, the defendant undertook and faithfully promised the plaintiffs, that said sloop or vessel was tight…
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This was an action of assumpsit on an agreement regarding the sale of a vessel, by the defendant, to the plaintiffs. The declaration stated, That in consideration that the the plaintiffs would buy of the defendant a certain sloop or vessel, called the Galen, for the sum of 495 dollars, to be paid for by three promissory notes of the plaintiffs for the sum of 165 dollars each, the defendant undertook and faithfully promised the plaintiffs, that said sloop or vessel was tight and sound, and had new bends, and was new from her bends up; and that the plaintiffs, confiding in such promise of the…
1Opinion of the CourtDaggett, J.
The defendant, in support of her motion for a new trial, relies on the principle of law, that when the parties to a contract have reduced it to writing, the writing shall be presumed to contain the whole contract between them: Not only so, but that all previous and contemporaneous declarations and negotiations relating to it, shall be deemed to have been waived; and that the only contract between the parties is contained in the writing: And if so, then that the written contract cannot be varied, in any respect, by parol testimony. Hence the counsel for the defendant infer, that when it had…
2Cases cited2 opinions
- Vandervoort v. SmithNew York Supreme Court · 1804
- Dean v. MasonSupreme Court of Connecticut · 1822
3Cited by1 opinion
- McFarland v. SikesSupreme Court of Connecticut · 1886