Swain v. Grangers' Union

Citations

• 69 Cal. 186
• 10 P. 404
• 1886 Cal. LEXIS 650

Syllabus

<p>Written Contract — Parol Evidence to Contradict—Agreement to Pay Indebtedness. —• The plaintiffs were partners who had failed in business, and whose entire firm assets had been purchased by the defendant, one of their creditors. On the 21st of April, 1879, they entered into a written contract with the defendant, whereby it placed them in charge of the property purchased as its agents, and agreed to turn over the same to them upon being paid in full for all indebtedness, present or future, due it from them. The action was brought to recover damages for a breach of the contract caused by the refusal of the defendant to turn over the property. On the trial, the court admitted parol evidence to show that a certain debt due from the plaintiffs to the defendant, at the time of the execution of the contract, was not intended to be included therein. Held, that the evidence was inadmissible.</p>