McNinch v. Northwest Thresher Co.
Supreme Court of Oklahoma
Error from District Court, Canadian County; C. F. Irwin. Judge. Action by the Northwest Thresher Company against W. E. McNinch. Judgment for plaintiff, and defendant brings error.
Read the full summary
Error from District Court, Canadian County; C. F. Irwin. Judge. Action by the Northwest Thresher Company against W. E. McNinch. Judgment for plaintiff, and defendant brings error. The execution of a contract in writing supersedes all the oral negotiations or stipulations concerning its terms and subject matter which preceded or accompanied the execution of the instrument, in the absence of accident, fraud, or mistake of fact; and any representations made prior to or contemporaneous with the execution of the written contract, are inadmissible to contradict, change, or add to the terms plainly…
1Opinion of the CourtICaNe, C. J.
This was an action commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, upon a certain written instrument of which the following is a copy:
“$150.00. Piedmont, O. T., June 10, 1905. For value received, on or before the first day of August, 1905, I promise to pay to the order of Northwest Thresher Company, Stillwater, Minnesota, 'one hundred fifty dollars, at Piedmont State Bank, of Piedmont, O. T., with interest from maturity until fully paid at the rate of eight per cent, per annum, interest payable annually. This note is executed and…
2Cases cited12 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Grieve v. GrieveWyoming Supreme Court · 1907
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- First National Bank & Trust Co. of Vinita v. KisseeSupreme Court of Oklahoma · 1993
- Ely Walker Dry Goods Co. v. SmithSupreme Court of Oklahoma · 1916
- McLean v. Southwestern Casualty Ins. Co. of OklahomaSupreme Court of Oklahoma · 1915
- Colonial Jewelry Co. v. BridgesSupreme Court of Oklahoma · 1914
- Duffey v. Scientific American Compiling DepartmentSupreme Court of Oklahoma · 1912
56 more not listed; retrieve them via the Exa API.