Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: June 24, 2025
Both are simple contracts; the distinction between them is in the mode of proof. The mutual understanding of the parties to a verbal contract may be proved by parol evidence. But as the real intention of parties is more likely to be expressed in a written contract, the rule of law is, that parol evidence may not be admitted to contradict or vary the terms of a written instrument.
That action did not remain, as formerly, the remedy for all binding contracts to pay money, but, so far as parol contracts were concerned, could only be used where the consideration was a benefit actually received by the promisor. With regard to obligations arising in any other way, it has remained unchanged.
Thus, where a man had granted that he would be bound in one hundred shillings to pay his servant on a certain day for his services, and for payments made by the servant on his account, it was argued that there was no contract precedent, and that by parol the party is not obliged; and, further, that, so far as appeared, the payments were made by the servant out of his own head and at no request, from which no duty could commence. /1/
Parol contemporaneous evidence will show that General MacArthur told them, substantially, that they were 'riding for a fall. In fact, whenever an insurrection would break out in a province after Governor Taft's inauguration as governor, the whole attitude of the army in the Philippines, from the commanding general down was 'I told you so. They did not say this where Governor Taft could hear it, but it was common knowledge that they were much addicted to damning 'politics' as the cause of all the trouble."
I think that letter, if you insist on knowing my views, should come into evidence, and not parol testimony taken up; but my reasons for declining the office were mostly personal in their nature. Mr. Stanton from his office?
So parol evidence would be admissible, no doubt, to enlarge or diminish the extent of the liability assumed for nonperformance, where it would be inadmissible to affect the scope of the promise. But these concessions do not affect the view here taken. As the relation of contractor and contractee is voluntary, the consequences attaching to the relation must be voluntary.
Bart then read from the Ohio statutes that when a minor was sued in an action of tort, as in this case, the court should appoint a guardian ad litem, and the parol should not demur; and he moved the court to appoint guardians ad litem, for the defendants. Brace's eyes sparkled; and springing to his feet, he thundered out: "The parol shall not demur the parol shall not demur.
Accordingly, having secretly fitted out an expedition from Manilla on the 13th February, 1848, the steamer on board of which the Governor himself was, anchored between the islands of Parol and Balanguinguy.
The rule was laid down, "by parol the party is not obliged." /1/ But the old debts were not conceived of as raised by a promise. /2/ They were a "duty" springing from the plaintiff's receipt of property, a fact which could be seen and sworn to. In these cases the old law maintained and even extended itself a little by strict analogy.
If, when a bill is presented to the drawee, he agrees to pay it, he is said to accept the bill, and writes his acceptance upon it. An acceptance may, however, be by parol. The acceptor of a bill is the principal debtor; the drawer, the surety. The acceptor is bound, though he accepted without consideration, and for the sole accommodation of the drawer.
Word Of The Day
Others Looking