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The law of the contract of sale
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...satisfied, there being a note in writing shewing the terms of the contract, and recognised by him." Sect. 3.--How far Parol Evidence is admissible...
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...satisfied, there being a note in writing shewing the terms of the contract, and recognised by him." Sect. 3.--How far Parol Evidence is admissible to explain or modify a Written Agreement. 23. Where the parties to a contract have embodied their intentions in writing, the general rule is, that oral evidence is not admissible to explain or vary such writing, and that its meaning can only be sought for within the four corners of the instrument. Both parts of the rule are subject to some exceptions. This section, therefore, involves the consideration of two points: first, How far parol evidence is admissible to explain a written instrument.); and secondly, In what cases such evidence is admissible to vary it (II.). (I.)--In what Cases Parol Evidence is admissible to explain a Written Instrument. t n.ier what 24. The general principles as to the admissibility of parol circunlstnn-., ces, general-evidence to explain the terms of a written contract, are lv, liiml cvi-1 sSct"ex-" tnus down y Tindal, C. J., in Lady Hewley's case (h): ialrumc"TM " Where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the subject-matter to which the instrument relates, such instrument is always to be construed according to the strict, plain, common meaning of the words themselves; and, in such case, evidence dehors the instrument, for the purpose of explaining it according to the surmised or alleged intention of the parties to the instrument, is utterly inadmissible" (t). The true interpretation, however, of every instrument, being manifestly that which will make it speak ...
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