Court of Civil Appeals of Texas, 1880

McCormick v. Lennox

McCormick v. Lennox
Court of Civil Appeals of Texas · Decided December 18, 1880 · Hurt
1 White & W. 277

McCormick v. Lennox

Opinion of the Court

Opinion by

Hurt, J.

§ 550. Parol evidence not admissible to vary a written instrument. Parol evidence is not admissible to vary the plain and unambiguous language of a written instrument. The consideration for which the notes sued on were given, as shown by the notes, was a McCormick’s machine. There is no evidence in the record tending to show that the appellees attempted to return the machine within a'reasonable time. Because the court erred in admitting parol evidence to vary the written contract, and because there is no evidence to show a return in good faith within a reasonable time, the judgment is

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.