Donley v. Bush

Citations

• 44 Tex. 1

Syllabus

<p>1. Evidence of parties to suit—Practice.—Where, in actions by or against executors, &c., the testimony of a party to the suit as to statements made by the deceased is admitted over objections made, the ruling of the court will be considered as made upon the objection taken, unless it affirmatively appear that the testimony was admitted in the exercise of the discretion allowed the court under the statute.</p> <p>2. Parol testimony contradicting written.—In the absence of fraud or mistake, it is inadmissible to admit parol declarations varying or contradicting a written contract; such testimony is not admissible to explain subsequent acts of the party to whom such parol statements were made touching the written contract.</p> <p>3. Guaranty.—The guaranty of an overdue obligation does not assure the payment of such debt at any particular time, and the circumstances of the guaranty may be alleged and proven to explain when payment was to be made.</p> <p>4. Same—Claim against an estate.—Such guaranty would make the guarantor liable only in the event the claim could not be collected from the estate by the use of the legal remedies appropriate for the enforcement of such claims.</p>