[DOWNLOAD] "Continental Oil Co. v. Bell Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Continental Oil Co. v. Bell Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Contracts ? Sales ? Parol Testimony Rule ? Inadmissibility of Oral Testimony to Vary Written Contract ? Exceptions to Rule Held Inapplicable ? Estoppel ? Action to Recover Balance Due on Contract ? Offer of Compromise Inadmissible in Evidence. Evidence ? Varying Terms of Written Contract ? Test. 1. In determining whether parol testimony varied a written contract a satisfactory test is: Was the matter testified to mentioned, covered or dealt with in the writing? If it was, then presumably the writing was meant to represent the entire transaction, and the testimony was inadmissible. - Page 124 Sales ? Written Contract ? Parol Evidence Tending to Prove Oral Contract to Refund Portion of Price Inadmissible. 2. In an action to recover the balance due under a contract of sale of gasoline to a dealer under a written contract fixing the price, parol testimony of defendant tending to prove an oral contract to refund a portion of the price, held inadmissible under the rule above.
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