Goddard v. Hill

33 Me. 582 | Me. | 1851

Held by the Court, that such testimony could not be admitted, as it would be at variance with the written contract.

The defendant then contended that it was his right to prove a partial failure of consideration and offered to do it. Held, by the Court, that the giving up by the plaintiff of the note he hold against Kirby, was a sufficient consideration, even though it were of an amount less than the $1400, and the evidence was rejected.

Peters, for the plaintiff. Blake, for the defendant.