Myron v. Union Railroad Co.
Supreme Court of Rhode Island
Assumpsit. Certified from the Common Pleas Division on demurrer to a plea in bar. The contract declared on was in substance that the defendant corporation, in consideration that the plaintiff would forbear to bring’ suit against it for injuries sustained and would and did release to the defendant all claims for such injuries, agreed with the plaintiff to give him employment.
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Assumpsit. Certified from the Common Pleas Division on demurrer to a plea in bar. The contract declared on was in substance that the defendant corporation, in consideration that the plaintiff would forbear to bring’ suit against it for injuries sustained and would and did release to the defendant all claims for such injuries, agreed with the plaintiff to give him employment. The defendant pleaded in bar the release, the substance of which is stated in the opinion of the court.
1Opinion of the Court
Matteson, O. J.
The general rule that oral evidence will not be received to add to or vary the terms of a written contract applies to relea'ses as well as other written instruments. If parties have put their contract into writing, the written instrument is to be regarded as the only evidence of the contract as finally concluded : oral evidence of what was said, or done during the negotiations will not be admitted either to contradict what is written or to supply-terms with respect to which the writing is silent. The purpose of the rule is to enable parties to make their written contracts the…
2Cases cited2 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- White v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
3Cited by15 opinions
- St. Paul Fire & Marine Ins. Co. v. Russo Bros., Inc.Supreme Court of Rhode Island · 1994
- Milich v. Armour Packing Co.Supreme Court of Kansas · 1899
- Fram Corp. v. DavisSupreme Court of Rhode Island · 1979
- Huntington v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1909
- Nicholson v. TourtellotteSupreme Court of Rhode Island · 1972
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