80 P. 110 | Or. | 1905
delivered the opinion of the court.
This is an action to recover possession of 86 bales of hops. The defendants had a verdict and judgment in the court below, and the plaintiffs appeal, assigning as error the overruling of their challenge for cause to the juror Graber, the admission of testimony, in the giving and refusal of certain instructions.
For the defendants, the evidence tended to show that Lee Gon and Ah Chop were each the owner of an undivided interest in the. hops in controversy; that the written memorandum relied on by plaintiffs was signed by Lee Gon during negotiations between himself and Harris for the purchase and sale of the hops;
Objection was made by the plaintiffs to the admission of all oral testimony concerning the $200 and the negotiations between Lee Gon and Harris prior to the signing of the written memorandum, on the ground that'it tended to vary or contradict a written contract. The rule is unquestioned that parol evidence is not admissible to vary or contradict a writing, but such rule was not violated in this case. The defendants denied that the written memorandum introduced by the plaintiffs was ever executed or- delivered by Lee Gon to take effect as a contract, but that it was signed by him during and as a part of negotiations between him and Harris for the sale of the hops, which negotiations were never consummated. The evidence offered and admitted was for the purpose of supporting this contention, and was competent.
The plaintiffs requested the court to give some 15 separate instructions, all of which were refused in the form requested, except No. 9. It is-unnecessary for us to notice these instructions in detail. It is sufficient that we have examined them, and are satisfied that no error was committed in refusing to give them as requested.