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4 Colo. 13

Drummond v. Carson

Supreme Court of Colorado

Decided December 15, 1877

Supreme Court of Colorado · decided 1877-12-15

<p>Evidence of conversations between tlie parties prior to or contemporaneous with the execution of a written contract is not admissible to vary the terms of such written contract.</p>

Cited by 1 later decisions — most recently April 1927

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-12-15

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Elbert, J.

¶1The conversations given in evidence in this case were prior to, or contemporaneous with the written contract between the parties, and were not admissible to change or vary its terms.

¶2There was not a word of evidence to show a subsequent alteration of the contract, as to the place of delivery, and the court erred,- in submitting to the jury the question as to whether or not there was a subsequent alteration of the contract, in this particular.

¶3The judgment of the court below is reversed, and the cause remanded for further proceedings according to law.

¶4Reversed.

¶5The Chief Justice having been of counsel in the court below, did not sit in this case.

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