(Download) "Biering Et Al. v. Ringling" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Biering Et Al. v. Ringling
- Author : Supreme Court of Montana
- Release Date : January 17, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Written Contracts Supersede Prior Oral Negotiations ? Complaint ? Insufficiency. Appeal ? Complaint Held Insufficient on Demurrer ? Test for Determining Sufficiency. 1. On appeal, in determining the sufficiency of a complaint held insufficient on demurrer, the test to be applied is whether it states a cause of action on any theory, irrelevant and redundant matter being disregarded. Written Contracts Supersede All Previous Oral Negotiations Relating Thereto. 2. Held, under section 7520, Revised Codes of 1921, declaring that a contract in writing supersedes all oral negotiations relating thereto which precede the execution of the writing, that where the complaint averred that the parties had entered into a written contract in consequence of operations under which disputes had arisen between them culminating in a written agreement whereby each party released the other from all obligations under the contract, and then alleged that prior to such written release an oral contract had been made between them relating to matters arising out of the canceled one, under which defendant bound himself to pay to plaintiff a certain sum of money, the court properly sustained a demurrer thereto, such oral agreement, if made, having been superseded by the written release. Same ? Courts must Enforce Terms as Written, not Make New Ones for Parties. 3. Courts must enforce written contracts as made by the parties who are sui juris, and not make new ones for them, no matter how unreasonable the terms may appear to be from a business standpoint as to either party, it being their duty to hold the parties to such terms when they are understandable and free from ambiguity. Same ? If Contract not Expressive of Parties Intentions, Remedy is by Having It Reformed. 4. If a party claims that a written contract does not correctly state the true terms of the agreement, he must have it reformed - Page 146 and recover on it as reformed, if at all; but he cannot recover on an oral preceding agreement differing from that which was reduced to writing.
 "Biering Et Al. v. Ringling" by Supreme Court of Montana " Book PDF Kindle ePub Free){kind=link}