Robeson, Adm'r, C. v. . Brown and Another

63 N.C. 554

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Dice, J.

The principle is well settled that parol evidence is inadmissible to contradict or vary the terms of a written contract. But this is only a rule of evidence, and may at any time be changed by the Legislature without impairing the contract. The Convention and Legislature have seen proper to change this rule of evidence in regard to certain classes of contracts, and in so doing they did not come in conflict with the Constitution of the United States, Woodfin v. Sluder, Phil. 200.

We have carefully considered the ordinance oí Oct. 18th 1865, and the acts of 1866, ch. 38 and 39, and think that they establish the following rules as to the contracts to which they apply:

1. Money contracts are presumed to be solvable in Confederate money, and the value thereof must be estimated by the jury in coin, according to the legislative scale, and then the depreciation of United States Treasury Notes must be added to such nominal amount of coin. The Legislative scale only applies to contracts where Confederate money was the consideration.

- 2. In all other kinds of contracts the value of the property or other consideration may be shown in evidence, and the jury must estimate such value in United States Treasury Notes. His Honor in the Court below erred in his construction of the ordinance and acts referred to, and the judgment must be .reversed, and a venire de novo awarded.

Let this be certified &c.

Per' Curiam. - Venire de novo.