Henry v. Herschey

Citations

• 9 Idaho 548
• 75 P. 266
• 1904 Ida. LEXIS 75

Syllabus

<p>Written Instrument — Pap.ol Evidence — When Admissible.</p> <p>1. Under the facts and circumstances of this case, held, that parol evidence is admissible to show that at the time of the execution of the written instrument one of the conditions specified therein had been previously complied with and fully satisfied.</p> <p>2. Further, held, that the admission of intrinsic evidence showing that a condition named in the written instrument had been met by the party upon whom such condition was imposed is not a violation of the general rule which excludes parol evidence tending to vary or contradict the terms of a written contract.</p> <p>(Syllabus by the court.)</p>