46 P. 138 | Or. | 1896
Opinion by
In Singer Sewing Machine Company v. Holcomb, 40 Iowa, 33, it was held that parol evidence was admissible to prove that, upon the performance of the conditions of a written lease of a sewing machine, which provided for the payment within a given time of an amount equal to the value thereof, the title vested in the lessee. In Keen v. Beckman, 66 Iowa, 672, (24 N. W. 270,) the plaintiff brought an action to recover a balance alleged to be due upon the following instrument in writing:—
“$700. Clayton, . Iowa, June 1, ’82.
“Received of Mrs. O. Keen seven hundred dollars on deposit, in currency.
“(Signed): Beckman Brothers and Company.”
The defendants, answering, alleged that they were merchants, and that the money for which the receipt was given had been deposited with them for the accommodation of the plaintiff, in pursuance of an oral agreement to keep it in their safe without compensation, or any right to use the same; that while so being kept their safe was broken open by some persons unknown, and the said money felo
“If the instrument,” says Dargan, C. J., in West v. Kelly’s Executors, 19 Ala. 353, (54 Am. Dec. 192,) “ is perfect and complete, that is, if it contains the entire contract, then the rule is inflexible that
In Church v. Proctor, 66 Fed. 240, (13 C. C. A. 426,) the parties entered into a written agreement which, so far as it relates to the matter in dispute, is as follows:—
“Tiverton, R. I., August 3, 1888.
“We agree to pay Joseph Church and Company for what menhaden they land at Still’s Wharf, Tiverton, Bhode Island, one dollar per barrel, cash on demand * * *. J. O. Proctor, Jr.”
“ Tiverton, R. I., August 3, 1888.
“We agree to furnish menhaden to J. O. Proctor, Jr., alongside Still’s Wharf, Tiverton, Bhode Island, at one dollar per barrel, from now until he gets through slivering for the year eighteen hundred and eighty-eight.
“Joseph Church and Company.’’
If the offer and acceptance in the case at bar constitute a complete contract, and the rule an