 | 1898 - 1134 páginas
...and unequivocal terms of a written instrument. In Martin v. B«rens, 67 Pa. St 463, the court say: 'Where parties, without any fraud or mistake, have...to be not only the best, but the only, evidence of thi-ir agreement; and we are not disposed to relax the rule. It has been found to be a wholesome one,... | |
 | 1886 - 960 páginas
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement; but this does not prevent parties to a written agreement from proving that either contemporaneously,... | |
 | 1887 - 956 páginas
...that it occurred through fraud, accident, or mistake. As was said in Martin v.Berens, 67 Pa. St. 459, "where parties, without any fraud or mistake, have...allowed to testify in their own behalf, the necessity for adhering strictly to it is all the more imperative." In his effort to convince the tenant that... | |
 | 1886 - 1076 páginas
...Snyder and Jacob Esclileinan, tlie defendant, for the sale of the land on which this dower remains. Where parties, without any fraud or mistake, have...the best, but the only evidence of their agreement. Martin v. Berens, 67 Pa. 403 ; Tlun-ne v. Wurfflnn, 100 Pa. Г)19. Where there is no alienation that... | |
 | 1904 - 1132 páginas
...Berens, this offer comes within the exceptions noted to the wellknown rule stated in that case, that: 'Where parties, without any fraud or mistake, have...best, but the only, evidence of their agreement.' "Mr. Ikeler: This evidence is offered for the purpose of showing that, at the time of the execution... | |
 | 1902 - 1196 páginas
...palpable mistake are grounds for rescission, for, when the parties have deliberately put their engagement In writing, the law declares the writing to be, not...best, but the only, evidence, of their agreement. Martin v. Berens, 67 Pa. 459; Hoffman v. Railroad, 157 Pa. 174, 27 Atl. 564; Railroad Co. v. Shay,... | |
 | 1886 - 948 páginas
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement ; but this does not prevent parties to a written agreement from proving that either contemporaneously,... | |
 | 1900 - 1124 páginas
...accident, or mistake. As was well said by this court In Martin v. Berens, 67 Pa. St. 459, "where the parties, without any fraud or mistake, have deliberately...engagements In writing, the law declares the writing not only to be the best, but the only, evidence of their agreement, and we are not disposed to relax... | |
 | 1887 - 988 páginas
...jury to find a verdict for the defendant, which was done. James 8. Biery, for plaintiffs in error. " Where parties, without any fraud or mistake, have...the best, but the only evidence of their agreement." Thome, McFarlane & Co. v. Warfflein, 12 WNC 429 ; Martin v. Berens, 17 PFS 463 ; Ueebner et al. v.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891 - 960 páginas
...in his charge to the jury in the case of Michela v. Olmstead, supra, in the following words: "When parties, without any fraud or mistake, have deliberately...to be not only the best, but the only evidence of the agreement; but this does not prevent parties to a written agreement from proving that, either contemporaneously... | |
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Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement. 
