The Miscellaneous Reports Volume 54

The Miscellaneous Reports Volume 54

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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. 1907 edition. Excerpt: ...It is well settled that a written agreement thus executed does not supersede a prior parol agreement. Baker v. Bradley, 42 N. Y. 316, 319, and numerous cases cited. The only defect in the written contract appears to be the failure to recite the true consideration moving from the defendant to the plaintiff. If it had recited that the consideration was the payment of a sum of money, the receipt of which was acknowledged, the written contract would have been complete and not subject to criticism. The written contract being silent upon that subject, if it had been alleged in the answer that such consideration was the payment of a sum of money, such allegation would have been unquestionably sufiicient to warrant the giving of parol proof upon that question and the counterclaim would not have been demurrable. In cases where the consideration of a written contract is not expressed at all, or is imperfectly expressed, parol proof is always admissible to show the true consideration, and this is never regarded as a violation of the rule against giving parol proof to contradict or vary the terms of a written instrument. Emmett v. Penoyer, 151 N. Y. 564; Baker v. Bradley, 42 id. 316. It is a common business transaction for one contract to be the consideration for another, and in such cases it has always been held that where proof of the contract which is the consid eration does not contradict or vary the terms of the other, and ' where an independent parol agreement has been made as an inducement to a written contract, it is not necessary that the written contract should contain any reference to the parol agreement to authorize proof thereof. 21 Am. & Eng. Misc. Supreme Court, May, 1907. Encyc. of Law (2d ed.), 1112; citing Playa del Oro Min ing...show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236833791
  • 9781236833792