McCall Co. v. Parson, May, Oberschmidt Co.

Citations

• 107 Miss. 865
• 66 So. 274

Syllabus

<p>1. Evidence. Parol evidence to vary written contract. Novation. Substitution of new debtor. Incomplete. Negotiations. Sales. Construction of contract. Return of goods.</p> <p>Where plaintiff and defendant entered into a five-year contract for the purchase of patterns by defendant from plaintiff, which provided that two hundred and fifty dollars of the purchase price of patterns ordered at the date of the contract should remain as a standing credit during the term of the contract, and that interest should be paid thereon semiannually, it could not be shown by parol evidence that plaintiff’s agent stated that defendant would not be called upon to pay this sum, but that, at the expiration or discontinuance of the contract, patterns might be returned in settlement thereof, since such evidence was simply an attempt to vary by parol the terms of a plain and unambiguous contract, nor was such evidence admissible as showing that the contract was induced by false representations.</p> <p>2. Novation. Substitution of new debtor. Incomplete negotiations.</p> <p>. Where defendant, • who had contracted to purchase patterns from plaintiff for five years, discontinued business and thereupon, plaintiff’s agent, defendant, and a third party entered into an agreement that defendant should be released from liability on the contract; that its stock of patterns should be turned over to the third party, who, with certain modifications would assume the contract, but this contract was to be submitted to plaintiff for his approval and was approved by plaintiff, and returned for the signature of defendant and the third party, who repudiated it on the ground that it differed from the agreement made by the agent; defendant was not relieved from liability on the original contract thereby, even though the agent was authorized to enter into a contract of that character, since he did not assume in this matter to exercise such authority.</p> <p>3. Sales. Construction of contract. Provisions relat