8 Vt. 243 | Vt. | 1836
The opinion of the court was delivered by
J.-^There is hardly to be found in the science of. law, a principle more uniform and inflexible in its application than the rule in the law of evidence that a written contract is the highest and most conclusive evidence of the minds of the parties on that subject, at that time;land therefore it cannot be contradicted, varied, controled or added to by parol evidence. Such evidence is never received but in case of fraud, (which is to show that in fact it never was a contract) or in case of latent ambiguity, (he instrument is complete in itself, and would have an effective ope-
/ It is perfectly obvious that to sustain this defence, we must directly admit a written contract, perfect and unambiguous, to be varied, added to and controlled by parol evidence of a cotemporaneous understanding, and when no satisfaction has been actually received, producing a discharge ; and to admit this directly against objection seasonably and regularly interposed. This we consider as directly contrary to established and wholesome law, notwithstanding the suggestions contained in Farnham vs. Ingraham, with which the court below was pressed. It must be obvious, if this testimony is admissible, and this defence can be sustained, by the same principle, any note however apparently valuable in the consideration or execution, of which no defect or fraud is eveffsuggest-ed, is subject to being utterly controlled by parol evidence on the tender of a pepper-corn. \
■ Judgment reversed.