Mandelker v. Goldsmith

Upon the merits we think the judgment must be affirmed. The testimony as to the alleged oral agreement at the time of the making of the conditional sale of the .phonograph by plaintiffs tO' defendants could not properly be received in evidence or considered. It tended to contradict or impair the plainly expressed conditions and terms of the writings subscribed by the parties. It did not tend to prove anything in the nature of any fraud perpetrated by plaintiffs' upon defendants in connection with the making of such written contract; neither was it offered for the purpose of showing, nor did…