Samuels

North American Transportation & Trading Co. v. Samuels

Good Law
146 F. 48·2 Alaska Fed. 573·76 C.C.A. 506·1906 U.S. App. LEXIS 4077
United States Court of Appeals for the Ninth CircuitJune 20, 1906No. 1,273California2,144 words

Opinion

Lead Opinion

Hawley, J.

after making the foregoing-statement, delivered the opinion of the court.

The contention of the plaintiff in error is that the defendant in error should have been confined to the “written contract”; that the court erred (1) in permitting oral testimony to vary or add to the terms of the contract; (2) *581 as to the particular kind and quality of the goods, and the respective proportions thereof, as well as of the value thereof; and (3) by admitting oral evidence to,add to the contract a warranty as to the kind, proportion, qualitjq quantity, value of the goods, etc., and upon these points refers the court to numerous authorities.

The general principle for which the plaintiff in error contends, that “where a written contract is plain and unambiguous on its face parol evidence is not admissible to explain or alter its meaning,” is one of universal application. In Bast v. Bank, 101 U.S. 93, 96 , 25 L.Ed. 794 , the court said: “No principle of evidence is better settled at the common law than that, when persons put their contracts in writing, it is, in the absence of fraud, accident, or mistake, ‘conclusively presumed that the whole engagement, and the extent and manner of their…

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