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2 N.C. 265

Clark v. M'Millan

Supreme Court of North Carolina

Decided July 15, 1815

Supreme Court of North Carolina · decided 1815-07-15

The defendant gave the plaintiff an instrument of writing, signed by the defendant, but without seal; whereby he acknowledged that he had sold to the plaintiff a certain note of hand, for which he had received part payment, and the balance was to be paid when the money was collected.

Decided 1815-07-15

Taylor, C. J.

¶1delivered the opinion.

¶2If the tendency of parol evidence is to contradict, vary, or add to a written instrument, it cannot be received; if to explain and elucidate it, it may be received. Upon the face of this writing there is nothing doubtful or equivocal. It states a simple transaction, and imposes no obligation upon *266the defendant; but the object of the evidence is to shew, that when he made the contract, he entered into a stipulation, by which a duty was imposed upon him, for the breach of which, this action was probably brought. This is in effect, to prove by inferior evidence, that which purports, on the face of it, to be a memorial of the defendant’s contract, is in truth not so. Such evidence is inadmissible, according to all the authorities.

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