Hightower v. Henry

Citations

• 85 Miss. 476

Syllabus

<p>1. Evidence. Writing. Parol.</p> <p>The terms of a written contract cannot be varied or enlarged by parol.</p> <p>2. Same. Concrete case.</p> <p>A duly executed writing in these words, “On or before November 15th, next after date, I promise to pay to the order of Hightower & Cassity three hundred and sixty dollars, rent for ninety acres land at four dollars per acre, of Laban plantation, for the year 1901. Value received,” is not only a promissory note, but a contract which cannot be varied by parol evidence showing an agreement on the part of the payees and landlords to put a fence around the leased premises.</p> <p>3. Damages. Claimant's fault in part.</p> <p>Where it appeared that a part of the damages claimed was caused by claimant’s own wrong, he should not be awarded anything in the absence of all evidence showing the extent of the damages so caused.</p>