When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms... Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Side 108av Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron - 1916Uten tilgangsbegrensning - Om denne boken
| 1916 - 1348 sider
...to their terms, that their provisions, when clear and explicit, must control, and that there ran be no evidence of the terms of the agreement other than the contents of the writing, unless "a mistake or imperfection of the writing is put in issue by the pleadings," or its "validity"... | |
| California. District Courts of Appeal - 1917 - 940 sider
...court correctly ruled that it could not be done. "Section 1856 of the Code of Civil Procedure provides: 'When the terms of an agreement have been reduced...between the parties and their representatives, or suceessors in interest, no evidence of the terms of the agreement other than the contents of the writing.'... | |
| 1917 - 1348 sider
...agreement "Where the terms of an agreement have been reduced to writing by the parties, it is to bo considered as containing all those terms, and therefore...interest, no evidence of the terms of the agreement other thnn the contents of the writing, except in the following ca.^es: (1) Where a mistake or imperfection... | |
| 1917 - 1220 sider
...seems to be substantiated by the phrase "agrees to sell," as used in the exchange agreement "Where the terms of an agreement have been reduced to writing by the parties, it is to bo considered as containing all those terme, and therefore there can be, between the parties and their... | |
| Montana. Supreme Court - 1917 - 764 sider
...terms of an agreement have been reduced to writing by the parties, no evidence is admissible of [1] the terms of the agreement other than the contents of the writing itself. "The full substance of the evidence admitted" is not quoted as required by Rule X, subdivision... | |
| John Norton Pomeroy - 1918 - 1156 sider
...and the exceptions are formulated as follows: "Sec. 1856. When the terms of an agreement have heen reduced to writing by the parties, it is to be considered...the contents of the writing, except in the following eases: 1. Where a mistake or imperfection of the writing is put in issue by the pleadings; 2. Where... | |
| United States. Supreme Court - 1918 - 624 sider
...proceedings in this court. » " Written Agreement presumed to Contain all the Terms of the Agreement When the terms of an agreement have been reduced to...be, between the parties and their representatives Opinion of the Court. 247 US pleadings, on the ground, among others, that the contracting parties understood... | |
| United States. Supreme Court - 1918 - 628 sider
...for reformation and incidentally to enjoin the or successors in interest, no evidence of the terms of agreement other than the contents of the writing,...(1) Where a mistake or imperfection of the writing, or its failure to express the true intent and agreement of the parties, is put in issue by the pleadings;... | |
| 1918 - 1212 sider
...investigation of the question for decision we must bear in mind that section 713, LOL, provides that : "When the terms of an agreement have been reduced to writing by the parties, it la to be considered as containing all those terms, and therefore there ran be, between the parties... | |
| 1918 - 1328 sider
...considered as containing all those terms, and therefore there can be, between the parties andtheir representatives or successors in interest, no evidence of the terms of the agreement, other tlmn the contents of the writing, except in the following cases: "1. Where a mistake or imperfection... | |
| |