Cherry v. Embry

Louisiana Court of Appeal

Cherry v. Embry

1 Gunby 48

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 48 (Cherry v. Embry) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cherry v. Embry, 1 Gunby 48 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

A written sale of movable property cannot be explained, varied, or contradicted by parol evidence, as between the parties thereto. 12 An. 740; Carey vs. Richardson, 35 An. Neither can circumstantial evidence of the surroundings and relations of the parties and that the property continued in the possession of the vendor, overthrow the written instrument.

2. Parol is admissible to prove a subsequent contract, whereby the written contract was changed, discharged, or abandoned; but if defendant swears there was a subsequent agreement, and plaintiff swears there was none, the written contract will be enforced.

3. It being proved that the property sued for belonged to plaintiff, defendants have no cause to complain of its sequestration.

Free access — add to your briefcase to read the full text and ask questions with AI

Gunby, J.

A written sale of movable property cannot be explained, varied, or contradicted by parol evidence, as between the parties thereto. 12 An. 740; Carey vs. Richardson, 35 An. Neither can circumstantial evidence of the surroundings and relations of the parties and that the property continued in the possession of the vendor, overthrow the written instrument.

2. Parol is admissible to prove a subsequent contract, whereby the written contract was changed, discharged, or abandoned; but if defendant swears there was a subsequent agreement, and plaintiff swears there was none, the written contract will be enforced.

3. It being proved that the property sued for belonged to plaintiff, defendants have no cause to complain of its sequestration.

Cite This Page — Counsel Stack

Bluebook (online)

1 Gunby 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherry-v-embry-lactapp-1885.