Reports Of Appellate Court Of The State Of Indiana (volume 17)

Paperback | February 2, 2012

byIndiana. Appellate Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... Singer Manufacturing Company v. Suits. It is insisted by appellant that this ruling is erroneous; the contract is full in its-terms, and free from ambiguity. In Hostettcr v. Auman, 119 Ind. 7, the court says: "If there is one question better settled than another by numerous decisions of this court, that question is, that when a written contract is executed all previous negotiations and understandings are merged in the writing, and parol evidence cannot be introduced to vary or control its legal effect. The writing which the witness Booker executed to the appellant evidenced a sale of one hundred and six oak trees on a certain tract of land, by the said witness to the appellant; it stated the consideration and its payment. It was not competent to prove by the witness his understanding of the legal effect of the writing, whether he understood it to be a receipt or a contract, nor to whom he supposed he was selling the timber; nor was it competent to prove by the appellee, either to contradict the writing or to control its legal effect, former negotiations which he had had with the appellant or with Booker." See, also, Divert v. Johnson, 117 Ind. 512, 3 L. R. A. 308; Fordice v. Scribner, 108 Ind. 85. and authorities there cited. Where a contract is complete, it cannot be explained, modified or changed by inserting any conditions by parol. Brunson v. Henry, 140 Ind. 455; Stevens v. Flannagan, 131 Ind. 122; The Western Paving and Supply Co. v. Citizens Street R. R. Co., 128 Ind. 525; Conant v. The National State'Bank of Terre Haute, 121 Ind. 323; Pickett v. Green, 120 Ind. 584; Stewart v. Babbs, 120 Ind. 5(38. The claim made by appellee that just before the execution of the written contract it was agreed that if her husband should not be satisfied with the con...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... Singer Manufacturing Company v. Suits. It is insisted by appellant that this ruling is erroneous; the contract is full in its-...

Format:PaperbackDimensions:236 pages, 9.69 × 7.44 × 0.5 inPublished:February 2, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217752543

ISBN - 13:9780217752541

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