39 Minn. 323
Decided November 7, 1888
Supreme Court of Minnesota · decided 1888-11-07
Plaintiff (a corporation) brought this action in the district court •for Polk county on defendant’s acceptances of two 'orders of $300 each, drawn on him by F. St. Germain, and directing payment “out •of such funds as you may collect from N. Brosseau,” each acceptance being as follows: “Accepted, payable by myself or assigns from the •proceeds of notes made by N. Brosseau to me, and due December 1883, 1884 and 1885, when collected, but am not responsible for the •collection…
Decided 1888-11-07
¶1The evidence of the parol agreement, contemporaneous with the written acceptance, was properly excluded. The agreement thus sought to be shown was of a nature to vary the definite legal obligation clearly expressed in the written contract, and, if allowed to affect the case, it would have made the defendant’s liability to be different from that expressed in the written instrument. It would have made that liability to depend upon conditions not there expressed or referred to.
¶2Order affirmed.