82 Mass. 499
Massachusetts Supreme Judicial Court
Decided November 15, 1860
Massachusetts Supreme Judicial Court · decided 1860-11-15
Action of contract on the following written agreement: “ Boston, May 30, 1857. We promise to pay Mrs. J. Wright sixty dollars, if John Myers and Joseph Feaas proceed to sea in the ship Cato, agreeably to the articles they have signed, this present voyage. $ 60. Smith & Adams.” In the superior court of Suffolk at May term 1859, trial by jury was waived.
Decided 1860-11-15
¶1This is a clear attempt to vary a written contract by parol evidence. The defendants offer to show that when they promised in writing to pay sixty dollars in cash, there was an agreement resting in parol proof that it should be paid by a lesser sum than they had agreed in writing to pay. Any such agreement of course became merged in the writing.
¶2Exceptions overruled.