Beauvais v. Wall

Merrick, O. J.,

concurring. I concur in the decree of the court in this case, but am unwilling to assent to so much as has been said respecting the admissibility of parol proof to supply the name of the purchaser in the body of the act of sale from E. B. Williston to H. T. Williams.

Whatever ambiguity arises upon this instrument is patent. The most, therefore, that could be done would be to examine it “ by the light of surrounding circumstances.” But these could hardly supply the want of a party to the instrument itself. 1 Greenleaf, sec. 297 et seq.

If the name of the grantee could be supplied…