...2 Evan's Pothier on Obligations, 37. The rule that "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument," is said to admit of an exception when, in equity, a party seeks a specific performance of an agreement,...

...judgment in proof, is to be tested, it must be set out in the bill of exceptions. McBain v. Enloe, 76. 3. Parol evidence is not admissible to contradict or vary the terms of a written agreement. Abrams v. Pomeroy, 133. 4. The law presumes that an instrument was executed the...

...stockholders, and payment of the amount subscribed will be enforced, without regard to such agreement. Parol evidence is not admissible to contradict or vary the terms of a written agreement. APPEAL from the Circuit Court for Milwaukee County. The complaint in this case was...

...theory of the law. Appellants' counsel urge that the rule of evidence, " that prior or cotemporaneous parol evidence is not admissible to contradict or vary the terms of a valid written instrument," was violated by the court below in the admission of the evidence referred to, and in the instructions...

...Dunphy, 118. 2. Written instrument — deed — intention of parlies — language. Parol contemporaneous evidence is not admissible to contradict or vary the terms of a valid written instrument, but such evidence is competent to enable the court to ascertain the intention of the parties to the...

...to the form of the instrument executed by the parties. The rule that parol evidence is inadmissible to contradict or vary the terms of a valid written instrument, is a rule of the common law established by the courts, and founded upon considerations of public. policy...

...Phill. Ev., 350; 12 Wend., 573; Byles on Bills, marg. p. 192 and note, (i.) The general rule is, that parol evidence is not admissible to contradict or vary the terms of a written contract which is intelligible in its terms, nor to impose upon it a sense which its terms...

...implied by law from the indorsement. COOPER, J., in deciding the point said: "The general rule that parol evidence is not admissible to contradict or vary the terms of a written instrument, applies to promissory notes, as has been repeatedly held by this court. Campbell...

...Barn. and Ad. 65; Nelson v. Boynton, 3 Met. 402. Speaking of the exceptions to the general- rule, that parol evidence is not admissible to contradict or vary the terms of a written instrument, Mr. Green leaf says : "Neither is the rule infringed by the admission of oral evidence...

...expect you on Monday" would be meaningless. Pope, QC , and Hopwood, in support of the rule : Although parol evidence is not admissible to contradict or vary the terms of a written contract, it is always competent to either party to show that that which apparently is the...