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97 Mass. 155

Frost v. Blanchard

Massachusetts Supreme Judicial Court

Decided September 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-09-15

Contract to recover the price of a bill of scythe snaths. At the trial in the superior court, before Rockwell, J., the plaintiffs offered in evidence a copy of their list of prices for 1865 and an order dated January 7,1865, and signed by the defendants, running as follows: “ Palmer, Jan. 7,1865. We hereby order of Messrs. Frost, Derby & Flint one hundred doz. scythe snaths at 20 per cent, from price list, delivered, payable August 1,1865.

Good law ✅— No negative treatment on recordhow we know

Decided 1867-09-15

How this case has been cited

Cited by 8 later decisions — most recently March 1921

8 state decisions

201867187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Foster, J.

¶1A previous or contemporaneous warranty cannot be engrafted by paroi evidence on a written contract. Boardman v. Spooner, 13 Allen, 353.

¶2In our opinion, the agreement of May 25, reduced to writing and subscribed by both parties, merged all antecedent negotiations and stipulations, whether oral or written, and must be taken to be the complete expression of their entire bargain with each other, by which alone their rights and liabilities are to be determined. We discover no reason for supposing it to be supplementary to the contract of January 7, in any such sense as to admit verbal evidence of the transactions of that day to add to or vary its terms. The goods sold had been already delivered by the plaintiffs to the defendants, having been forwarded two months before. The parties disagreed as to the terms on which the defendants were bound to accept and pay for them. Thereupon it was agreed that the defendants should return a part and keep the rest, and pay for the articles kept a specified price. This written agreement adjusted their differences, and is complete in itself, requiring only the addition of the bill previously rendered to show how many had been forwarded, and proof of what was the list price from which the twenty-five per cent, discount was to be deducted. - Exceptions sustained.

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