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" Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement. "
The American Law Register - Page 603
1904
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The Pacific Reporter, Volume 51

1898 - 1134 pages
...and unequivocal terms of a written instrument. In Martin v. B«rens, 67 Pa. St 463, the court say: 'Where parties, without any fraud or mistake, have...to be not only the best, but the only, evidence of thi-ir agreement; and we are not disposed to relax the rule. It has been found to be a wholesome one,...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 14

1884 - 628 pages
...absence of fraud 459), where parties without any fraud or mistake have deliberately put theirengagements in writing, the law declares the writing to be not...agreement, and we are not disposed to relax the rule, nor as stated by Mr. Justice GREEN, in Thome v. WarHem (12 WEEKLY NOTES, 429), "can we throw the whole...
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The Northeastern Reporter, Volume 7

1886 - 960 pages
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement; but this does not prevent parties to a written agreement from proving that either contemporaneously,...
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Atlantic Reporter, Volume 8

1887 - 956 pages
...that it occurred through fraud, accident, or mistake. As was said in Martin v.Berens, 67 Pa. St. 459, "where parties, without any fraud or mistake, have...allowed to testify in their own behalf, the necessity for adhering strictly to it is all the more imperative." In his effort to convince the tenant that...
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The Atlantic Reporter, Volume 58

1904 - 1132 pages
...Berens, this offer comes within the exceptions noted to the wellknown rule stated in that case, that: 'Where parties, without any fraud or mistake, have...best, but the only, evidence of their agreement.' "Mr. Ikeler: This evidence is offered for the purpose of showing that, at the time of the execution...
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Central Reporter: Cases, Courts of Last Resort, New York, New Jersey ...

1886 - 1076 pages
...Snyder and Jacob Esclileinan, tlie defendant, for the sale of the land on which this dower remains. Where parties, without any fraud or mistake, have...the best, but the only evidence of their agreement. Martin v. Berens, 67 Pa. 403 ; Tlun-ne v. Wurfflnn, 100 Pa. Г)19. Where there is no alienation that...
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Atlantic Reporter, Volume 50

1902 - 1196 pages
...palpable mistake are grounds for rescission, for, when the parties have deliberately put their engagement In writing, the law declares the writing to be, not...best, but the only, evidence, of their agreement. Martin v. Berens, 67 Pa. 459; Hoffman v. Railroad, 157 Pa. 174, 27 Atl. 564; Railroad Co. v. Shay,...
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The Pacific Reporter, Volume 11

1886 - 948 pages
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement ; but this does not prevent parties to a written agreement from proving that either contemporaneously,...
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Atlantic Reporter, Volume 45

1900 - 1124 pages
...accident, or mistake. As was well said by this court In Martin v. Berens, 67 Pa. St. 459, "where the parties, without any fraud or mistake, have deliberately...engagements In writing, the law declares the writing not only to be the best, but the only, evidence of their agreement, and we are not disposed to relax...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 9

1887 - 988 pages
...jury to find a verdict for the defendant, which was done. James 8. Biery, for plaintiffs in error. " Where parties, without any fraud or mistake, have...the best, but the only evidence of their agreement." Thome, McFarlane & Co. v. Warfflein, 12 WNC 429 ; Martin v. Berens, 17 PFS 463 ; Ueebner et al. v....
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