Mississippi Supreme Court, 1916

Hickman Ebbert Co. v. Asa W. Allen Co.

Hickman Ebbert Co. v. Asa W. Allen Co.
Mississippi Supreme Court · Decided March 15, 1916 · Smith
111 Miss. 161; 71 So. 310

Hickman Ebbert Co. v. Asa W. Allen Co.

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

Appellee’s defense is, not that the contract sued on “never had any legal existence because its execution was procured by fraud,” but that the provision therein relative to the discount to be allowed does not express the real agreement entered into at the time the contract was signed; in other words, the attempt here is simply to vary the terms of a written contract by parol.

Reversed and remanded.

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