Sivers v. Sivers

Citations

• 97 Cal. 518
• 32 P. 571
• 1893 Cal. LEXIS 583

Syllabus

<p>Parol Evidence — Written Contract to Pay Money — Oral Agreement— Time of Payment. — Where a written contract for the payment of money is silent as to the time for the payment, it is competent to prove by parol evidence that a period or event had been orally agreed upon between the parties at which payment should be made.</p> <p>Id.—Role as to Parol Evidence — Contemporaneous Oral Agreement. — The rule excluding oral evidence affecting the terms of a written instrument does not apply when the parties have not incorporated into the instrument all of the terms of their agreement, and when the evidence offered or the oral agreement sought to be proved is not inconsistent with the terms embodied in the instrument, evidence of a contemporaneous oral agreement as to any matter upon which the instrument is silent, and which is not inconsistent with its terms,, cannot he said to contradict or vary the terms of the written instrument.</p> <p>Id. — Contract Payable on Demand — Finding as to Oral Agreement. — Where a written contract for the payment of money fails to specify any time for its performance, the instrument becomes payable immediately upon demand for payment. Where such demand was made before the commencement of the action, and also in accordance witli an oral understanding between the parties as to the time of payment, the fact that oral evidence was admitted to show, and the court found, that the defendants orally agreed, at the time of the execution of the contract, to pay the money whenever they should sell certain real estate therein described, and that such sale had been made prior to the plaintiff’s demand, could not prejudice the defendants.</p> <p>Former Judgment — Justice’s Court — Order Sustaining Demurrer — Dismissal without Prejudice. —A decision or order of a justice of the peace sustaining a demurrer to a complaint does not constitute a judgment of that court, though so styled by the justice; and such decision or order is no bar to a subsequent act