Jones v. . Rhea

Citations

• 30 S.E. 346
• 122 N.C. 721
• 1898 N.C. LEXIS 335

Syllabus

<p>Action on Note — Contract—Defence—Partial Failure of Consideration — Parol Evidence of Contemporaneous ’ Agreement.</p> <p>1. Where a contract is not required to be in writing, if the entire contract is not reduced to writing, the omitted part may he proved by parol, (although no fraud or mistake be alleged), not for the purpose of contradicting or explaining the written part, but to enable the jury to ascertain the entire and true agreement of the parties.</p> <p>2. In the trial of an action on a note expressed to have been given for legal services rendered by the payee, the maker may show by parol evidence that the agreement was that the payee should attend to all her business in connection with her administration of an estate, and that a large amount of work remained to be done which he refused to do.</p>