 | Joseph Goodeve - Evidence (Law) - 1871 - 914 pages
...any matter on which a document is silent and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies,...regard to the degree of formality of the document. For examples, see ante, p. 362. Proviso (3). — The existence of any separate oral agreement constituting... | |
 | India - Evidence (Law) - 1873 - 294 pages
...the document is silent and which is not inconsistent with its terms, may be proved ; and so may (3) a separate oral agreement constituting a condition precedent to the attaching of any obligation under the document ; (4) a subsequent oral agreement to modify or reverse the original contract, except when... | |
 | India - Contracts - 1878 - 710 pages
...bond. The Court held that, this stipulation not having been complied with, the surety was not bound. A separate oral agreement, constituting a condition precedent to the attaching of any obligation under a written contract, may be proved under the Evidence Act, Section 92, Prov. (3). An oral contract,... | |
 | India - Criminal law - 1877 - 1088 pages
...matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies,...contract, grant, or disposition of property, may be proved. Proviso (4).— The existence of any distinct subsequent oral agreement to rescind or modify... | |
 | Arthur George Macpherson - Mortgages - 1877 - 326 pages
...as to any matter on which a document is silent and which is not inconsistent with its terms, — or the existence of any separate oral agreement constituting...precedent to the attaching of any obligation under the contract, grant or disposition of property, — may be proved (u) . So also may the existence of... | |
 | Punjab (India) - 1883 - 840 pages
...matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies,...contract, grant, or disposition of property, may be proved. Pronto (4). — The existence of any distinct subsequent oral agreement to rescind or modify... | |
 | India, D. E. Cranenburgh - Civil procedure - 1883 - 1108 pages
...matter oil which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies,...to the degree of formality of the document. Proviso 5.^-The existence of any separate oral agreement, constituting a condition precedent to the attaching... | |
 | Law reports, digests, etc - 1914 - 1406 pages
...equally well settled that parol evidence may be given to prove the existence of any separate parol agreement constituting a condition precedent to the attaching of any obligation under the written instrument; this is 'not to vary the terms of a written instrument, but to prove that no... | |
 | James Fitzjames Stephen - Evidence (Law) - 1885 - 432 pages
...intend the document to be a complete and final statement of the whole of the transaction between them.' (3) The existence of any separate oral agreement,...such contract, grant, or disposition of property. 2 (4) The existence of any distinct subsequent oral agreement to rescind or modify any such contract,... | |
 | Law reports, digests, etc - 1895 - 1172 pages
...the oral contract claimed is inconsistent with the writing. The third exception stated by Stephen Is: "The existence of any separate, oral agreement, constituting...such contract, grant, or disposition of property." This exception has been recognized in our state In McFarland v. Sikes, 54 Conn. 250, 7 Atl. 408, and... | |
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The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant, or disposition of property, may be proved. 
