Folkes v. Pratt

Citations

• 86 Miss. 254

Syllabus

<p>Evidence. Written contract. Parol. Fraud.</p> <p>Fraud vitiates all contracts, and. the conditions of a contract are predicated of the idea that it is an honest undertaking; hence in a suit upon a written contract, or order for goods, containing a warranty of quality upon condition that the buyer should, within too limited a time after their reception, notify the seller of any objection on account of the quality of the goods, it is competent for the defendant to show by parol that the plaintiff intentionally and fraudulently substituted inferior goods to those ordered, and that owing to the nature of the goods the time granted by the contract for their examination was unreasonably short and the condition imposed an impossible one.</p>