 | Abraham Clark Freeman - 1892 - 1030 pages
...is not competent to show by oral evidence that it does not state all of the terms of the agreement. The question whether a writing is, upon its face, a complete expression of the agreement of the parlies is one of law for the court, and the rule which governs the court in its determination has... | |
 | Abraham Clark Freeman - 1900 - 1070 pages
...Wisconsin Marine etc. Bank v. Wllkin, 60 Am. St. Rep. 93. Whether or not a writing, upon Its face, Is a complete expression of the agreement of the parties Is one of law: Harrison v. McCormlck, 89 Cal. 327, 23 Am, St. Rep. 469. CONTRACTS—CONSTRUCTION—ACTS OP PARTIES.-When... | |
 | California. Supreme Court - 1906 - 780 pages
...v. llcCormick, 327. I. WRITTEN CONTRACT — COMPLETENESS — QUESTION or LAW. — The question as to whether a writing is upon its face a complete expression of the agreement if the parties is one of law. — Id. 8. PRESUMPTION — PAUOL EVIDENCE — ADDING TERMS. — If a... | |
 | 1911 - 516 pages
...evidence is not admissible to show a sale by sample; and whether or not the writing, upon its face is a complete expression of the agreement of the parties is one of law for the court. 3. In a suit by vendor against purchaser, the contract, in writing, calling for "Standard No. 3 berries,"... | |
 | West Virginia. Supreme Court of Appeals - 1911 - 906 pages
...is not admissible to show a sale by sample, and that whether or not the writing, upon its face, is a complete expression of the agreement of the parties is one of law. Harrison v. McCormick, 89 Cal. 327, 23 Am. St. Rep. 469 and notes. This is but a statement of the general... | |
 | James Smith McMaster - 1905 - 966 pages
...No. 1,840. 1. WRITTEN CONTRACTS — PAROL EVIDENCE. Where a contract has been reduced to writing, and imports on its face to be a complete expression of the whole agreement, it will be presumed that the parties have introduced into it every material item and term; and hence... | |
 | William Mark McKinney - 1915 - 1240 pages
...declared that where a contract has been reduced to writing, its construction is for the court,14 and that the question whether a writing is, upon its face,...the agreement of the parties is one of law for the court.15 It is certainly true, as a general rule, that the construction of written instruments belongs... | |
 | 1916 - 1204 pages
...has been reduced to writing, its •construction is for the court, and that the question whether the writing is, upon its face, a complete expression of...agreement of the parties, Is one of law for the court. It is certainly true, as a general rule, that the construction of written instruments belongs to the... | |
 | California. District Courts of Appeal - 1917 - 940 pages
...the latter.' "In Harrison v. McCormick, 89 Cal. 327, 330, [23 Am. St. Rep. 469, 26 Pac. 830], it is said: 'The question whether a writing is upon its...contains such language as imports a complete legal obligntion — it is to be presumed that the parties have introduced into it every material item and... | |
 | California. Supreme Court - 1920 - 972 pages
...CONTRACTS — EVIDENCE — CONSTRUCTION RY GOURT. — The question whether a writing is upon its fac« a complete expression of the agreement of the parties...rule which governs the court in its determination is that if the writing imports on its face to be a complete expression of the whole agreement ' —... | |
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