Massachusetts Supreme Judicial Court, 1860

Weight v. Smith

Weight v. Smith
Massachusetts Supreme Judicial Court · Decided November 15, 1860 · Stopped
82 Mass. 499

Weight v. Smith

Opinion of the Court

was stopped by the court. By the Court.

This is a clear attempt to vary a written contract by parol evidence. The defendants offer to show that when they promised in writing to pay sixty dollars in cash, there was an agreement resting in parol proof that it should be paid by a lesser sum than they had agreed in writing to pay. Any such agreement of course became merged in the writing.

Exceptions overruled.

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