Gooch v. Coleman

Citations

• 22 N.M. 45
• 159 P. 945

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parol testimony cannot be received to contradict, vary, add to, or subtract from the terms of a valid written contract. p. 49</p> <p>2. A custom or usage which is repugnant to the terms of 'an express contract is not permitted to operate against it, and evidence of it is inadmissible; for, while usage may be admissible to explain what is doubtful, it is never admissible to contradict what is plain. P. 51</p> <p>3. The fact that A. has reasonable cause to believe, and does believe, that B. will be unable to perform his part of the contract, does not, of itself, discharge A. from performing his part. p. 52</p>