19 Ala. 353 | Ala. | 1851
The general rule is admitted by all, that parol proof cannot bo received to add to, detract from, vary or' contradict a. written contract.- But the application of this gen—
Applying these general rules to the instrument sued on, -and •• to the parol proof offered by the’defendants,- which was rejected by . the court, I can -perceive no error. The note shows upon its face that it was given for professional services, to be-afterwards rendered, but it is payable at a time certain, and is, - in legal effect, a promissory note. The parol proof, however, tended to show that it was the agreement of - the- parties- that the note should not •be .paid, .unless the payees, who-were .attorneys at -law, should be successful in-the suit they were-to bring, and for the bringing of ..which thenote was given. T-aallow. this,proof would be.to. allow parol evidence to change the intention of the parties .as ex..pressed in the note. It would not only alter the time of its.pay- . ment, but would show that the payment of the money, accor- < ding to the contract, was dependent on a condition or a contingency, and thus the legal effect of the instrument as a promis.sory note would be destroyed.
_JBut it is argued that the proof offered by the .defendants, was
.Let the judgment be affirmed.