Thompson v. Bryant

Citations

• 75 Miss. 12

Syllabus

<p>1. Evidence. Written. Parol. Contract.</p> <p>When a contract is written it is not competent, in a trial at law, to show by parol that the writing does not express the real agreement.</p> <p>2. Same. Consideration.</p> <p>A consideration, recited in a written contract merely as a iact, may be varied by parol evidence; but when the stipulation of a writing concerning consideration is contractual, it cannot be so varied.</p> <p>3. Same. Bill of sale. Partnership. Assumption of debts.</p> <p>Where one partner sells his interest in the partnership to the other, and a bill of sale is executed reciting a stated price, part cash and a note for balance, it is not competent, in a suit at law, to show by parol that the purchaser assumed the debts of the partnership.</p>