Neal v. Marrone - Supreme Court of North Carolina

Neal v. Marrone

By Supreme Court of North Carolina

  • Release Date - Published: 1953-12-16
  • Book Genre: Law
  • Author: Supreme Court of North Carolina
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Neal v. Marrone Supreme Court of North Carolina read online review & book description:

A contract not required to be in writing may be partly written and partly oral. However, where the parties have deliberately put their engagements in writing in such terms as import a legal obligation free of uncertainty, it is presumed the writing was intended by the parties to represent all their engagements as to the elements dealt with in the writing. Accordingly, all prior and contemporaneous negotiations in respect to those elements are deemed merged in the written agreement. And the rule is that, in the absence of fraud or mistake or allegation thereof, parol testimony of prior or contemporaneous negotiations or conversations inconsistent with the writing, or which tend to substitute a new and different contract from the one evidenced by the writing, is incompetent. See Whitehurst v. FCX Fruit and Vegetable Service, 224 N.C. 628, 32 S.E.2d 34; Insurance Co. v. Morehead, 209 N.C. 174, 183 S.E. 606; Miller v. Farmers Federation, 192 N.C. 144, 134 S.E. 407; {PA}

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