Verzan v. McGregor

Citations

• 23 Cal. 339

Syllabus

<p>The general rule is, that it is for the Court to determine all questions relating to the admissibility of evidence ; but when the question of its admissibility depends upon the decision of other questions of fact, such as the execution of a contract or agreement, and the testimony is conflicting as to whether the instrument was in fact executed or delivered, it is proper to submit this question to the jury, under proper instructions from the Court.</p> <p>Where the party offering the instrument, makes out a prima facie case of its execution, the other party should not be allowed to introduce counter proof before the instrument is read to the jury.</p> <p>Parol evidence is admissible when it relates to the execution or authenticity of a written instrument, or to its delivery, or whether the delivery was absolute or conditional.</p> <p>Where a written agreement is' signed and executed by the parties, and at the same time an addition is made in writing upon the same paper, beneath the signature, which additional writing is not signed by either of the parties independent of the signatures of the parties which precede it, parol evidence may be introduced to show whether the parties intended this addition to form a part of the contract.</p> <p>Defendants entered into a contract with the Table Mountain Ditch Co. to perform certain labor on the ditch of the company. The contract contained many stipulations; one of which was, that if the work was not completed by a certain time, defendants should forfeit the contract, and also all moneys due on the same: held, that if this clause in the contract was inserted under a mistake as to the amount and difficulty of the labor to be performed, it was void; and that it did not deprive defendants of the benefit of the other clauses in the agreement.</p> <p>If the pleadings are under oath, and the replications in response to a material averment of the answer undertake to deny, by saying “ It is not true,” etc., the replication is eva