Chapman

Chapman v. Java Pac. Line

Good Law
154 C.C.A. 552·241 F. 850·1917 U.S. App. LEXIS 1828
United States Court of Appeals for the Ninth CircuitMay 7, 1917No. 2911California1,364 words

Opinion

lead Opinion

Gilbert, J.

(after stating the facts as above). [1] It the of the .plaintiffs that it was error to overrule the demurrer, and error to admit in evidence the correspondence other than the letter of January 27, 1916, and the reply thereto, that those two letters comprised the whole of the contract, and that the legal effect thereof could not be varied by proof of other correspondence or conversations between the plaintiffs and the defendants and the officers of. the Pacific Coast Steel Company; and the plaintiffs invoke the rule that all letters and conversations leading up to a written contract are merged therein, and that the terms of the contract, where they are clear and unambiguous, cannot be varied by proof of prior communications. The plaintiffs were the traffic managers of the Pacific Coast Steel Company. It is not denied that in that capacity they acted in all the negotiations with the defendants prior to the letter of January 27, 1916. This is not disproved by the fact that on January 22, 1916, in a letter introduced by the plaintiffs, the defendants wrote to the plaintiffs stating that the space is reserved “in your name.” The fact that the space was reserved in the name of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.