74 Neb. 634 | Neb. | 1905
The plaintiffs sued tbe defendant in tbe district court for Dodge county on a written contract for tbe purchase of one set of International Cyclopaedia. Tbe contract was signed John Kemnitz, Director. In tbe petition tbe plain
Several assignments of error are presented and dis'cussed by counsel for plaintiffs. The only one, however, that it seems necessary to notice is the claim that the admission of oral evidence to prove the conditional delivery is a violation of the rule which prohibits the admission of oral evidence to vary or contradict the terms of a written contract, because if the trial court was correct in admitting oral evidence for the purpose stated, and the delivery was in fact conditional, and such condition had never been performed, the plaintiffs could not recover in any event, and all errors, if any, were without prejudice. It is the claim of plaintiffs that their possession of the contract in suit, the defendant having voluntarily placed it
It is clear that the judgment of the district court was right, and we recommend that it be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.