Van Winkle v. Crowell

Citations

• 146 U.S. 42
• 13 S. Ct. 18
• 36 L. Ed. 880
• 1892 U.S. LEXIS 2172

Syllabus

<p>By a contract in writing V. agreed to make for B. certain cotton-seed oil-mill machinery, at a fixed price. It was made and shipped to B. and not paid for. B. put it into use and afterwards executed to L. a mortgage, covering it. V. then brought a suit in detinue against C. a bailee of L. for the property. L. was made a co-defendant. After the mortgage was ' given, B. executed to V. notes for what was due to V. for the purchase money of the machinery, which stated that the express condition of the delivery of the machinery was that the title to it did not pass from V. until the purchase-money was paid in full. Held that the terms of the . written contract could not be varied by parol evidence.</p> <p>The condition of the title to the machinery at and before the giving of the mortgage was a conclusion of .law to be drawn from the undisputed facts of the case.</p> <p>It was proper to direct the jury to find for the defendant.</p>