69 Md. 113 | Md. | 1888
delivered the opinion of the Court.
The appellants declared on the following note:
“September 1st, 1884.
“On or before the first day of September, 1885, I promise to pay to the order of R. A. Wooldridge & Co. one hundred and forty T°o°¥ dollars at 64 Buchanan's wharf, Baltimore, Md., value received. Negotiable and payable -without defalcation or discount. It is agreed that the fertilizer which is the consideration of this note is bought without any guarrantee on the part of the importers or their agents as to results from its use." Signed, “ Conrad Royer.''
In addition to the count setting out this note the narr. contained counts for goods bargained and sold, and the general money counts. The defendant pleaded never promised as alleged, payment and limitations. But the case was tried on the note.
The plaintiffs having proved the execution and delivery of the note rested their case, and the defendant
The plaintiffs objected to the question to which this evidence was responsive, and to the evidence elicited, but the Court overruled the objection and admitted the evidence.
We think the Court ‘erred in this ruling. All negotiations and conversations touching this sale were merged in the writing by which the contract was finally completed. King vs. Clogg, 40 Md., 341; Bladen vs. Wells and Wife, 30 Md., 577; Penniman vs. Winner, 54 Md., 127; Dance, Ex’r vs. Dance, et al., 56 Md., 433; Delamater vs. Chappell, 48 Md., 248. If the evidence had been offered to set up an outside and supplemental agreement independent of the agreement in writing, and about which it was silent, a different question would be presented, about which we now express no opinion. But here the agreement or writing by which the sale is closed—the note—expressly states that the
It follows from what we have said that the Court below erred in granting the appellee’s prayer, and that the jury ought to have been instructed, that if they found the note was executed by the appellee, then on the pleadings the plaintiffs were entitled to recover. The
Having decided that the testimony with respect to warranty was erroneously admitted, the exception with respect to the evidence as to the scope of the agency of Griffith, and in respect to the rejection of the appellants’ second prayer becomes wholly unimportant.
Judgment reversed,, and new trial ordered,,