O'HARRA v. Hall
Cases that cite this one
7 later published cases cite this decision.
- Lessee of Thomson v. White (Supreme Court of the United States 1789)
- Pierce v. . Cobb (N.C. 1913)
- Pierce v. Cobb (N.C. 1913)
- Howe v. Walker (Mass. 1855)
- Wyche v. Winship (Ga. 1853)
- Wynn, Shannon & Co. v. Cox (Ga. 1848)
- Carter v. First Ecclesiastical Society of Canterbury (Conn. 1820)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
O'Harra
versus
Hall.
Supreme Court of United States.
CHASE, Justice.
You may explain, but you cannot alter, a written contract, by parol testimony. A case of explanation, implies uncertainty, ambiguity, and doubt, upon the face of the writing. But the proposition now, is a plain case of alteration: that is, an offer to prove by witnesses, that the assignor promised something, beyond the plain words and meaning of his written contract. Such evidence is inadmissible; and has been so adjudged by the Supreme Court, in Clarke v. Russel, 3 Dall. Rep. 415. As to the authority of Moscs v. M`Farlan, it has always been suspected, and has lately been over-ruled, on the principle, *341 that the previous decision, ther brought into question, was pronounced by a competent Court.
I grant, that chancery will not confine itself to the strict rule, in cases of fraud, and of trust. But we are sitting as Judges at common-law; and I can perceive no reason to depart from it.
PETERS, Justice.
If we were sitting as Judges in a state Court, I should be inclined to admit the testimony, in order to attain the real justice of the cause; as there is no Court of equity in Pennsylvania. But there is no such defect in the federal jurisdiction; and, therefore, when the party comes to the common law side of the Court, he must be content with the strict common law rule of evidence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.