Strickland v. Johnson

Citations

• 21 N.M. 599
• 157 P. 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence and pleadings examined, and held to warrant judgment for appellee for damages in the sum. awarded by the court.</p> <p>P. 601</p> <p>2. Where the agreement between the parties is one and entire, and only a part of this is reduced to writing, the residue may he proved by extrinsic evidence, hut parol evidence will not be received to dispute so much of the .transaction as is embodied in the writter agreement.</p> <p>P. 602'</p> <p>3. Where only a portion of an oral contract was r<- duced to writing, and the writing provided that “the sum of $6,-000 is to be raised at once,” it was competent to show by' parol evidence that such sum was to be arranged for, from other parties, by the party who was to receive such sum in part payment for certain personal property sold, as such fact was not inconsistent with the written portion of the contract.</p> <p>P. 602</p>