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" The purchaser ought to have had it reduced into writing at the time, if the representation then made as to the quantity swayed him to bid for the lot. If the parol evidence were admissible in this case, I know of no instance where a party may not by parol... "
Reports of Cases Argued and Determined in the Court of Exchequer in Equity ... - Page 432
by Great Britain. Court of Exchequer, Edward Younge - 1833 - 640 pages
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 1

Georgia. Supreme Court - Equity - 1847 - 710 pages
...in this case, I know of no instance, where a party may not by parol proof superadd any term to the written agreement, which would be setting aside all...written contracts, and rendering them of no effect." Parol evidence was offered in Woollam vs. Лепт, 7 Vesey, to show that £50 was the yearly rent...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - Equity - 1849 - 680 pages
...be said, "if the parol evidence, were admissible in this case, in what instance might not a party, by parol testimony, superadd any term to a written...which would be setting aside all written contracts and making them of no effect." We will only add, that we not only consider this a salutary rule of law,...
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A Treatise on the Law of Contracts and Rights and Liabilities ..., Volumes 1-2

Charles Greenstreet Addison - Contracts - 1849 - 686 pages
...s. 1,) that oral evidence shall not be given " to superadd any term to a written agreement, for it would be setting aside all written contracts, and rendering them of no effect." (A) But although a warranty cannot be superadded to a written contract by oral testimony, yet if it...
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The Practice of the Law of Evidence

Edmund Powell - Evidence - 1856 - 456 pages
...warranted. Lord Ellenborough, CJ, said : " There is no doubt that the parol evidence was properly rejected. The purchaser ought to have had it reduced into writing...is no doubt that the warranty as to the quantity of the timber would vary the agreement contained in the written conditions of sale."1 This case is general...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 540 pages
...warranted. Lord Ellenborough, CJ, said : " There is no doubt that the parol evidence was properly rejected. The purchaser ought to have had it reduced into writing...is no doubt that the warranty as to the quantity of the timber would vary the agreement contained in the written conditions of sale."4 This case is general...
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Albany Law Journal, Volume 37

Law - 1888 - 556 pages
...if the representation then made as to quantity swayed him to bid for the lot. If the parol testimony were admissible in this case, I know of no instance...written contracts, and rendering them of no effect," etc. In Smith v. Jeffries, 15 Mees. A W. 560, the terms were : " I hereby agree to sell Mr. Smith,...
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Reports of Cases Adjudged in the Courts of Common Pleas, Quarter ..., Volume 2

Pennsylvania. Courts, John Wayne Ashmead - Law reports, digests, etc - 1871 - 572 pages
...substantially vary, a written agreement. If a party is permitted to superadd any term to such an agreement, it would be setting aside all written contracts^ and rendering them of no effect. We havenot been unmindful of the course of the Pennsylvania decisions on this subject, from the case...
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A Treatise on the Law of Contracts, Volume 2

Charles Greenstreet Addison - Contracts - 1881 - 800 pages
...of law that oral evidence shall not be given " to superadd any term to a written agreement, for it would be setting aside all written contracts, and • rendering them of no effect." But although a warranty can not be superadded to a written contract by oral testimony, yet, if it can...
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The Pacific Reporter, Volume 116

Law reports, digests, etc - 1911 - 1168 pages
...admissible in this case, I know of no instance where a party may not by parol testimony superadd any terms to a written agreement, which would be setting aside...written contracts and rendering them of no effect" The trial court therefore erred in not sustaining the defendant's objection to the evidence, and in...
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Powell's Principles and Practice of the Law of Evidence

Edmund Powell, John Cutler, Edmund Fuller Griffin - Evidence (Law) - 1885 - 772 pages
...warranted. Lord Ellenborough said : " There is no doubt that the parol evidence was properly rejected. The purchaser ought to have had it reduced into writing...is no doubt that the warranty as to the quantity of the timber would vary the agreement contained in the written conditions of sale"(c). This case is general...
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