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· 3/15/1909

Red Snapper Sauce Co. v. Bolling

Citations

  • 95 Miss. 752
  • 50 So. 401

Syllabus

<p>1. Evidence. Written contract. Variation by parol. Antecedent and contemporaneous verbal agreements. Subsequent verbal modifications.</p> <p>In a suit for the breach of a written contract, antecedent or contemporaneous verbal agreements contrary to the terms of the writing cannot be proved, but subsequent oral modifications of the contract can be, where the statute of frauds is not involved.</p> <p>2. Breach oe Contract. Recoupment. Evidence.</p> <p>In a suit for the breach of' a contract the defendant should be allowed, where his pleadings justify recoupment, to offer evidence showing a breach thereof by the plaintiff.</p>

Judges: Mayes

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