20 N.C. 435
Supreme Court of North Carolina
Decided December 15, 1839
Supreme Court of North Carolina · decided 1839-12-15
This was an action of Assumpsit, brought to recover damages for a breach of contract in not delivering hogs.
Cited by 2 later decisions — most recently July 1815
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1839-12-15
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¶1It cannot be contended that Bank notes are a lawful tender, and it is equally plain that parol evidence is not admissible to contradict the written agreement. The opinion of the Judge is so obviously right upon both these points — each of which is fatal to the plaintiff’s recovery— that it necessarily follows that the judgment must be affirmed with costs.
¶2Per Curiam,. ■ Judgment affirmed.