McCormick v. Lennox

Court of Appeals of Texas

McCormick v. Lennox

1 White & W. 277

CourtCourt of Appeals of Texas

DecidedDecember 18, 1880

DocketNo. 718, Op. Book No. 2, p. 662

StatusPublished

This text of 1 White & W. 277 (McCormick v. Lennox) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCormick v. Lennox, 1 White & W. 277 (Tex. Ct. App. 1880).

Pincite

Opinion

Opinion by

Hurt, J.

§ 550. Parol evidence not admissible to vary a written instrument. Parol evidence is not admissible to vary the plain and unambiguous language of a written instrument. The consideration for which the notes sued on were given, as shown by the notes, was a McCormick’s machine. There is no evidence in the record tending to show that the appellees attempted to return the machine within a'reasonable time. Because the court erred in admitting parol evidence to vary the written contract, and because there is no evidence to show a return in good faith within a reasonable time, the judgment is

Reversed and remanded.

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Opinion by

Hurt, J.

§ 550. Parol evidence not admissible to vary a written instrument. Parol evidence is not admissible to vary the plain and unambiguous language of a written instrument. The consideration for which the notes sued on were given, as shown by the notes, was a McCormick’s machine. There is no evidence in the record tending to show that the appellees attempted to return the machine within a'reasonable time. Because the court erred in admitting parol evidence to vary the written contract, and because there is no evidence to show a return in good faith within a reasonable time, the judgment is

Reversed and remanded.

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Bluebook (online)

1 White & W. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-lennox-texapp-1880.