The existence of any separate oral agreement as to any -matter on which a document is silent, and which is not inconsistent with its terms, if from the circumstances of the case... The Southern Reporter - Page 2811921Full view - About this book
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1893 - 788 pages
...uncertainty as to the object and extent of the contract; citing 1 Greenl. Ev. § 275. b — Where, from the circumstances of the case, the court infers...statement of the whole of the transaction between them; citing 7 Amer. & Eng. Eno. Law, 91. o — Where the original contract was verbal and entire, and a... | |
| United States. Court of Claims - Law reports, digests, etc - 1925 - 1070 pages
...of the particular case it may properly be inferred that the parties did not intend the written paper to be a complete and final statement of the whole of the transaction between them." Seits v. Brewers Kefrigerating Co., 141 VS 510. In Williston on Contracts it is said, "It has long... | |
| Joseph Goodeve - Evidence (Law) - 1871 - 914 pages
...Kaliprasad AganeaUa, 8 Beng. LB, 89. Proviso (2). — The existence of any separate oral agreement as to any matter on which a document is silent and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the... | |
| India, Sir Henry Stewart Cunningham - Evidence (Law) - 1872 - 230 pages
...consideration, or mistake in fact jor law/1) Proviso (2). — The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. (2) In considering whether or not this proviso applies, the Court shall have regard... | |
| India - Evidence (Law) - 1873 - 294 pages
...consideration, or mistake in fact or law/1) Proviso (2). — The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved/2) In considering whether or not this proviso applies, the Court shall have regard to... | |
| Law - 1897 - 1116 pages
...the rule in accordance with these views as follows: "The existence of any separate oral agreement as to any matter on which a document is silent, and which...terms, if from the circumstances of the case the court infer that the parties did not intend the document to be a complete and final statement of the whole... | |
| Arthur George Macpherson - Mortgages - 1877 - 326 pages
...of consideration, or mistake in fact or law (f). And the existence of any separate oral agreement as to any matter on which a document is silent and which is not inconsistent with its terms, — or the existence of any separate oral agreement constituting a condition precedent to the attaching... | |
| India - Criminal law - 1877 - 1088 pages
...consideration, or mistake in fact or law. Proviso (2). — The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the... | |
| Law reports, digests, etc - 1915 - 1228 pages
...existence of any separate oral agreement as to any matter on which a document is silent, and which ig not inconsistent with its terms, if, from the circumstances of the case, the court infers thnt the parties did not intend the document to be a complete and final statement of the whole transaction... | |
| Law reports, digests, etc - 1917 - 2042 pages
...of the particular case it may properly be inferred that the parties did not intend the written paper to be a complete and final statement of the whole of the transaction between them. But such an agreement must not only be collateral, but must relate to a subject distinct from that... | |
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