3 Barb. 612 | N.Y. Sup. Ct. | 1848
By the Court,
The agreement between the parties was made at Hosea B. Clark’s, and was by him reduced to writing, and signed by them, and left there for their mutual benefit. From the evidence of H. B. Clark, it appears the original •understanding was that the cheese was to be delivered in •casks instead of boxes ; that Clark was to draw on a house in Boston for funds to pay for the butter and cheese as delivered, -and the defendant to call on him from time to time for such pay; that a few moments after the contract was signed, the •defendant asked why he could not draw for the money himself, 'through the Oneida Bank, as he delivered the property at Utica; •to which the plaintiff replied he could, and that his drafts would •be accepted. It does not appear that the parties met after-wards, and their contract was begun, continued and ended at •a single interview. The object of a written memorial of an executory contract is to avoid misunderstanding when its stipulations are to be finally executed. The law presumes that the writing contains the whole agreement. All contemporary or
Motion granted,.
See Cunliff v. The Mayor, &c. of Albany, (2 Barb. Sup. Court Rep. 190;) Myers v. Malcom, (6 Hill, 292, and note (b).)