When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties,... A Treatise on the Law of Evidence - Página 321por Simon Greenleaf - 1876Vista completa - Acerca de este libro
| New Jersey. Court of Chancery - 1880 - 942 páginas
...but not to vary or alter it. The general rule may be thus expressed : When the parties to a contract have deliberately put their engagements into writing,...without any uncertainty as to the object or extent of their engagements, it is conclusively presumed that every part of their contract was reduced to writing,... | |
| 1857 - 734 páginas
...purpose of regulating any breach of the covenants contained in it ; the conclusive presumption being that the whole engagement of the parties, and the extent and manner of it were reduced to writing. The measure of damages, for a breach of the covenants of seizin and good... | |
| John Bouvier - 1854 - 788 páginas
...naturally bear. It must be presumed that when the parties reduced their agreement to writing, and used such terms as import a legal obligation, without any uncertainty as to the object or intent of such engagement, that they meant the whole contract should be there stated ; and that no... | |
| Joseph Kinnicut Angell - 1855 - 692 páginas
...Insurance Company, in Connecticut, the court considered the rule to be well established, " that when the parties have deliberately put their engagements into...of their undertaking was reduced to writing ; and, after this, to permit oral testimony or prior, or contemporaneous conversations, or circumstances,... | |
| Illinois. Supreme Court - 1874 - 654 páginas
...writing, in such terms as import a legal obligation, without any uncertainty as to the object or the extent of such engagement, it is conclusively presumed...extent and manner of their undertaking was reduced t,> writing. In such case to add to it by implication would be to van- iw terms and legal effect. APPEAL... | |
| Joseph S. Bosworth, New York (State). Superior Court (New York) - 1863 - 740 páginas
...have no validity except in a certain event. When the parties have deliberately put their engagement in writing in such terms as import a legal obligation...to the object or extent of such engagement, it is presumed that the whole contract of the parties and the extent and manner of their undertaking have... | |
| Massachusetts. Supreme Judicial Court - 1864 - 1078 páginas
...contracts as well as the other. It is thai, when parties have deliberately put their engagements in writing, in such terms as import a legal obligation,...as to the object or extent of such engagement, it shall be presumed that the whole engagement of the parties, and the extent and manner of their undertaking,... | |
| Simon Greenleaf - 1866 - 756 páginas
...Fiunt enim de his [contractibus] scriptures, ut, quod actum est, per easfacilius probari poterit.1 When parties have deliberately put their engagements...presumed that the whole engagement of the parties, and tho extent and manner of their undertaking, was reduced to writing ; and all oral testimony of a previous... | |
| Francis Hilliard - 1867 - 664 páginas
...; Burns 9 Pratt v. Phillips, 1 Snced, 543. p. Jenkins, 8 Ind. 417 ; New, &c. v. Fields, tion being, that the whole engagement of the parties, and the extent and manner of it, were reduced to writing.1 So a grantee, who has voluntarily, and without fraud or mistake, destroyed... | |
| United States. Court of Claims - 1926 - 1122 páginas
...parcel of it. And when the writing itself upon its face is couched in such terms as import a complete legal obligation without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties, and the extent... | |
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