Digest of the Laws Respecting Real Property Generally Adopted and in Use in the United States; Embracing, More Especially, the Law of Real Property in Virginia : Including the Provisions of the Code of 1850, and All the Reported Volume 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...12 East. 578. ' Brent 1'. Richards, 2 Gratt. 539. 4 1 Com. Contr. 1. 5 5 Co. 26. Bac. Elem. Rule, 23. So far has this principle been carried, that Best, J. has said, that by the common law, when the contract was reduced to writing, it was required not only that the obligatory part, but that the inducement or consideration (essential to all parol contracts) should also be in writing, because it was always a rule in the law of evidence, that no parol testimony could be admitted, either to supply the defects, or explain the contents of a written instrument--and that, if the writing did not prove the consideration, it could not be proved in any other manner; and thus the contract failed, because the consideration, without which it was altogether inoperative, could not be shown. This is perhaps carrying the principle toa very questionable extent.', 22. No evidence will be allowed to be given by either of the contracting parties, in a written contract for the sale of goods, of conversations previous to, or at the time of, making the bargain, for the purpose of proving that the price was to be different, or the quantity to be delivered was difl'erent, from that specified in the writing. For such evidence would directly contradict the written memorandum, which must be considered as expressing the final intention and understanding of the parties at the time of the contract.' For the same reason, if the time of carrying away the goods is not expressed in the written agreement.(and therefore the construction of law allows a reasonable time) evidence will not be admitted, that the purchaser verbally agreed to carry them away immediately after the purchase.' 23. Where the written agreement is clear, and there is no latent ambiguity, ..
- 189 x 246 x 14mm | 467g
- 13 Sep 2013
- United States
- black & white illustrations