 | Samuel March Phillipps - 1815 - 600 pàgines
...agreement. To admit it for the purpose of proving, that the written instrument does not contain the real agreement, would be the same as receiving it for every...agreement, as furnishing better evidence than any that parol can supply. If this had been a bill brought by the defendant for a specific performance,"... | |
 | Samuel March Phillipps - 1822 - 644 pàgines
...agreement. To admit it for the purpose of proving, that the written instrument does not contain the real agreement, would be the same as receiving it for every...purpose. It was for the purpose of shutting out that enquiry, that the rule of law was adopted. Though the written instrument does not contain the terms,... | |
 | David James McCord, South Carolina. Constitutional Court of Appeals - 1826 - 670 pàgines
...proving that the written agreement does not contain the real agreement would be the same as admitting it for every purpose. It was for the purpose of shutting...furnishing better evidence than any parol can supply. There, says this learned lawyer, stands the rule of law." He then proceeds to consider the subject... | |
 | Great Britain. Court of Exchequer, Edward Younge - 1833 - 658 pàgines
...agreement. To admit it for the purpose of proving that the written instrument does not contain the agreement, would be the same as receiving it for every...agreement, as furnishing better evidence than any parol testimony can supply." Then he says—" Thus stands the rule of law;" and then he says, that, in equity,... | |
 | 1857 - 412 pàgines
...agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving it for every...purpose. It was for the purpose of shutting out that enquiry that the rule of law was adopted. Though the written instrument does not contain the terms;... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 728 pàgines
...agreement does not contain the real agreement would be the same as receiving it for every purpose ; and it was for the purpose of shutting out that inquiry that the rule of law was adopted. Though, therefore, the written instrument does not contain the terms, it must in contemplation of law be taken... | |
 | Illinois. Supreme Court - 1864 - 604 pàgines
...agreement. To admit it, for the purpose of proving that the Written instrument does not contain the real agreement, would be the same as receiving it for every...out that inquiry, that the rule of law was adopted. "When equity is called upon to exercise its peculiar jurisdiction by decreeing a specific performance,... | |
 | William Fischer Agnew - 1876 - 612 pàgines
...agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving it for every purpose. It waa for the purpose of shutting out that inquiry that the rule of law was adopted. Though the written... | |
 | 1886 - 838 pàgines
...agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement, would be the same as receiving it for every...It was for the purpose of shutting out that inquiry the rule of law was adopted. Though the written instrument does not contain the terms, it must, in... | |
 | 1913 - 1324 pàgines
...agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving it for every...furnishing better evidence than any parol can supply." And Judge Chase said in O'Harra v. Hall, 4 Dalí. 340, l L. ed. 858: "You may explain, but you cannot... | |
| |
By the rule of law, independent of the statute, parol evidence cannot be received to contradict a written agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving... 
