Bulwinkle & Co. v. Cramer & Blohme

Citations

• 27 S.C. 376
• 3 S.E. 776
• 1887 S.C. LEXIS 144

Syllabus

<p>1. Where defendants in their own name sold corn at a sound price, took a note therefor'in their own names and realized thereon and the corn proved to be unsound, in action by the plaintiffs (who had paid this note to an innocent endorsee) to recover their damages, parol testimony is inadmissible in behalf of defendants to show that they were acting, in this sale, as agents for third persons.</p> <p>2. The rule that parol testimony is inadmissible to vary or explain written instruments, and the exceptions to that rule, fully considered and applied.</p> <p>3. C signed and delivered to B a written paper as follows: ‘‘May 17th. Sold. B 5,000 bu.. mixed sacked corn 71J c. Schooner shipment payable on arrival. No wharfage.” Eelcl, a complete contract, although signed by only one of the parties, and that parol testimony was inadmissible to show that 0 was acting only as agent.</p>