Stoddert v. Vestry of Port Tobacco Parish
Stoddert v. Vestry of Port Tobacco Parish
Opinion of the Court
delivered the opinion of the Court.
The parol evidence offered of a sale of a pew was inadmissible, because it would have established a contract different from that contained in the lost memorandum. No parol evidence is admissible to add to, or vary the memorandum. In the second prayer submitted to the consideration of the Court below, no point is raised on the sufficiency of the memorandum of sale, except that it is objected that the witness, being one of the corporation, could not act as agent. As it regards the memorandum, the contents of which have been offered in evidence, we shall not express an opinion, but confine ourselves to the particular point raised. We think there can be no question of the right of a corporation to employ one of its members as an agent, and of course, no want of legal competency existed in such member to be an agent. He cannot be considered in the impossible, and therefore absurd position, as has been urged, as agent for himself; but must be viewed as acting in his individual capacity for a corporation. And if the corporation
JUDGMENT REVERSED AND PROCEDENDO AWARDED.
Reference
- Full Case Name
- Stoddert v. The Vestry of Port Tobacco Parish
- Cited By
- 4 cases
- Status
- Published