U.S. Circuit Court for the District of Connecticut, 1808

Burden v. Skinner

U.S. Circuit Court for the District of Connecticut · Decided June 15, 1808 · Edmond, Reeve

3 Day 126

Counsel

Goodrich and Brace, in support of the motion., Ingersoll, contra.

Opinion of the Court

By the Court,

Reeve and Edmond,

Js. dissenting. A parol agreement cannot be given in evidence to discharge a breach of a written contract; but it may be given in evidence to show that there never was a breach. In this case, the evidence offered would serve *131:o show, that in consequence of the license and consent of the father, there never was a breach; and is, therefore, proper and pertinent to the issue, and ought to have been admitted.

New trial to be granted.

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