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,... The Federal Reporter - Page 1991911Full view - About this book
| 1857 - 734 pages
...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... | |
| Joseph Kinnicut Angell - 1855 - 692 pages
...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...parties, and the extent and manner of their undertaking was reduced to writing ; and, after this, to permit oral testimony or prior, or contemporaneous conversations,... | |
| Illinois. Supreme Court - 1874 - 654 pages
...legal obligation, without any uncertainty as to the object or the extent of such engagement, it 19 conclusively presumed that the whole engagement of...parties, and the extent and manner of their undertaking, was reduced to writing. In such case to add to it by implication would be to vary its terms and legal... | |
| Massachusetts. Supreme Judicial Court - 1864 - 1078 pages
...legal obligation, without any uncertainty 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, was reduced to writing ; so that oral testimony of a previous colloquium between the parties, or of... | |
| United States. Court of Claims - 1926 - 1122 pages
...to form part and 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...manner of their undertaking, were reduced to writing." Reporter'! 8Uteme>t of Ike Cue It certainly comports with ordinary business transactions to say that... | |
| Francis Hilliard - 1867 - 664 pages
...; 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. Circuit Court (1st Circuit), William Henry Clifford - 1869 - 714 pages
...uncertainty as to the object or extent of such engagement, it is conclusively presumed, says Mr. Greenleaf, that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing, and parol evidence is not admissible to vary, enlarge, or contradict the terms... | |
| Charles Sidney Whitman - 1871 - 734 pages
...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...parties, and the extent and manner of their undertaking, was reduced to writing; and all oral testimony of a previous colloquium between the parties, or of... | |
| Charles Sidney Whitman - 1871 - 736 pages
...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...parties, and the extent and manner of their undertaking, was reduced to writing; and all oral testimony of a previous colloquium between the parties, or of... | |
| Francis Hilliard - 1873 - 852 pages
...purpose of negativing 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.2 So a grantee, who has voluntarily, and without fraud or mistake, destroyed... | |
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