 | 1927 - 1126 Seiten
...141 US 510, 517, 12 S. Ct. 46, 48 (35 L. Ed. 837), delivering the opinion of the Supreme Court, said: "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... | |
 | 1928 - 1622 Seiten
...517, 35 L. ed. 837, 840, 12 Sup. Ct. Rep. 46, 48, delivering the opinion of the Supreme Court, said : "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... | |
 | Nova Scotia. Supreme Court - 1901 - 620 Seiten
...where there is a collateral promise or contract ; but, as was said in Lindley v. Licey, " the promise must not only be collateral, but must relate to a subject distinct from that to which the contract applies." An agreement or promise is not collateral, which, if inserted into the written contract,... | |
 | United States. National Railroad Adjustment Board - 664 Seiten
...1927. In the case of SEITZ vs. BREWERS? REFRIGERATING CO., 141 US 510, at p. 517 the court said: "* * * when the writing itself upon its face is couched in such terms as impart a complete legal obligation without any uncertainty us to the object or extent of the engagement,... | |
 | 1908 - 1266 Seiten
...contracting parties to a written contract on the ground that the promis« was collateral, the promise must not only be collateral, but must relate to a subject distinct from that to which thp written contract applies." The learned justice Illustrates by saying "that a warranty of the quality... | |
 | New York (State). Supreme Court. Appellate Division - 1897 - 772 Seiten
...written paper to be a complete and final statement of the whole of the transaction between them. * * * It must not be SO closely connected with the principal...upon its face, is couched in such terms as import a complete legal obligation, ieithout any uncertainty as to the object or extent of the engagement, it... | |
 | 1928 - 1632 Seiten
...517, 35 L. ed. 837, 840, 12 Sup. Ct. Rep. 46, 48, delivering the opinion of the Supreme Court, said : "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... | |
 | 1924 - 1030 Seiten
...probably intended by the parties, evidence of it is admitted, but that such collateral agreement mnst relate to a subject distinct from that to which the written contract applies. The mortgage exhibited with the bill evidenced a conveyance of realty with defeasance upon the payment... | |
 | Missouri. Courts of Appeals - 1916 - 846 Seiten
...written paper to be a complete and final statement of the whole of the transaction between them. But such an agreement must not only be collateral, but...writing itself upon its face is couched in such terms as impart a complete legal obligation without any uncertainty as to the object or extent of the engagement,... | |
 | Iowa. Supreme Court - 1908 - 878 Seiten
...cannot be shown. An agreement which may be proven by parol evidence must not only be collateral, but it must relate to a subject distinct from that to which...principal transaction as to form part and parcel, of it." Seitz v. Brewers, 141 US 510 (12 Sup. Ct. 46, 35 L. Ed. 87); Naumberg v. Young, 44 NJ Law, 331 (43... | |
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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... 
