Badart v. Foulon

Citations

• 80 Md. 579
• 31 A. 513
• 1895 Md. LEXIS 26

Syllabus

<p>Contract in Foreign Language — Meaning of Words a Question of Fact — Admissions of Agent — Merger of Antecedent Negotiations in Contract — Delivery of Contract — Prayer Assuming a Fact.</p> <p>Where the contract sued on is in a foreign, language, the jury must ascertain the meaning of the terms upon the evidence of persons skilled in the particular language; and the original contract is admissible in evidence, together with the translations oi the witnesses. Where there are two or more versions, it is for the jury to determine which one is correct.</p> <p>A document in which a party describes himself as agent of the plaintiff is not admissible in evidence on the offer of the defendant, unless there is evidence that such party was authorized to contract on behalf of the plaintiff; and it is irrelevant to inquire whether the plaintiff had an opportunity to object to it or not.</p> <p>Where the parties have put their whole agreement in writing, no evidence of antecedent letters and negotiations is admissible.</p> <p>A prayer assuming a fact which ought to have been left to the finding of the jury must be specially excepted to.</p> <p>Where defendant’s own testimony shows that he had signed a certain contract; that it was in the plaintiff’s possession with his knowledge; that he had received plaintiff’s money under it; that he had written her a letter suggesting a modification of it; that he had paid money under it to her agent, he cannot be allowed to deny that the contract had been delivered.</p>