¶1The only question presented by this record, is, whether the defendants in error were precluded by their receipt to the plaintiff in error for 170 dollars and 38 cents, mentioned in the latter’s bill of exceptions, from showing by oral testimony, that it did not, in fact, embrace the account sued on, and was not in full of all accounts due from the latter to the former.
¶2The language of the receipt, on which the controversy turns, is, “in full, on account, to date.”
¶3It is maintained by the counsel for the plaintiff in error that this imports an agreement or contract between the parties, which cannot be explained or contradicted by parol proof.
¶4I do not think the authorities relied on by him sustain that position.
¶5Ordinarily, receipts are mere ex parte acknowledgements of payments, or delivery and the like. But they may, and often do contain an agreement or contract between the parties; and as to the former, they are only prima facie, and may be explained, while the latter are conclusive and cannot be contradicted or explained by oral testimony.
¶6The receipt in this case, I think, does not import an *103agreement or contract between the parties that may not be explained or contradicted by parol evidence, but an ex parte acknowledgment only, which may be.
¶7The acknowledgment that the amount received was in full of an account is no more an agreement between the parties than the receipt of such amount. They seem to m.e to stand on the same footing, and I am unable to see any difference in principle.
¶8In the ease of a receipt for articles to be shipped acknowledging the number, quantity, and condition of the goods at the time of the shipment, it is held that such acknowledgments imply no agreement or contract, and may, therefore, be explained by parol testimony; and I think this case is in principle like such a case : 1 Greenleaf Ev., § 305, Wolee vs. Myers, &c., 3 San’d R., 7; 1 Phil. Ev., 108; 2 Sand. L. & E., 737, Margin; Bloss vs. Plymale et. al., 3 W. V. R., 393.
¶9The judgment must be affirmed with costs and damages.
¶10JUDGMENT REVERSED.