Citation Numbers: 25 Wend. 416
Judges: Nelson
Filed Date: 5/15/1841
Status: Precedential
Modified Date: 1/13/2023
. By the Court,
The instrument in question does not purport on its face to be a complete arrangement between the parties; and if it may rest in parol, there can be no objection to the suppletory evidence given in the case. The authorities on this point are well collected, in Cowen & Hill’s Notes, p. 1471-3. It was obviously given as an acknowledgment of part execution of a contract, referring to some of its terms, which I agree are binding as far as they go.
The measure of damages, in respect to the quantity of wheat paid for by the advance of the $500, was in the main unobjectionable, as laid down at the circuit, 7 Cow. 681; and from the verdict it is apparent no more has been allowed than in justice belongs to the plaintiff.
Hew trial denied. ■