Walker v. Venters
| Decision Date | 07 October 1908 |
| Citation | 62 S.E. 510,148 N.C. 388 |
| Court | North Carolina Supreme Court |
| Parties | WALKER. v. VENTERS. |
1. Evidence—Oral Evidence— Admissibility to Affect Writing.
A writing cannot be contradicted by a contemporaneous oral agreement, and plaintiff, having agreed in writing to deliver 20 bales of cotton annually for 10 years in payment of land, could not show an oral agreement at the time that he could pay $4,000 in money to discharge the debt.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 2035, 2036.]
2. Mortgages — Payment in Cotton — Default—Measure of Recovery.
A mortgagor having defaulted in paying cotton to discharge a debt, the mortgagee could recover the market value of the cotton when payments were due, with interest.
Appeal from Superior Court, Pitt County; W. R. Allen, Judge.
Action by A. S. Walker against Henry C. Venters. From a judgment for defendant, plaintiff appeals. Affirmed.
Julius Brown and W. O. Howard, for appellant.
F. G. James and Jarvis & Blow, for appellee.
The plaintiff bought a tract of land of the defendant, receiving a conveyance thereof, and to secure payment of the purchase money executed a mortgage back to the vendor on said land, which recites: "Whereas, A. S. Walker is justly indebted to Henry C. Venters in the sum of $4,000, the same being the purchase money of a certain tract of land, this day deeded by said Henry C. Venters and wife to A. S. Walter and described in said deed; and whereas, it is agreed that said A. S. Walker shall pay, in lieu of said sum of $4,000 and interest thereon, 200 bales of cotton, each weighing 500 pounds, as evidenced by 10 several cotton bonds of this date, due and payable as follows: [Here follow the recitals, and the reconveyance by way of mortgage to secure the delivery of the cotton at the several dates named.]" Said bonds are in following form: Some of the bonds were payable to other parties than Venters, but the aggregate quantity to be delivered was 200 bales; 20 bales deliverable each year for 10 years.
The plaintiff offered to prove an alleged parol agreement, made at the time the mortgage was executed, that in case of payment in full settlement...
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... ... 1; Ray v. Blackwell, 94 N.C. 10 ... As against the recollection of the parties, whose memories ... may fail them, the written word abides. Walker v ... Venters, 148 N.C. 388, 62 S.E. 510. The rule undoubtedly ... makes for the sanctity and security of contracts. Thomas ... v. Carteret ... ...
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... ... appeal. Modified and affirmed ... See, ... also, 180 N.C. 109, 104 S.E. 75 ... Walker, ... J., dissenting ... In ... action to have determined the extent of liability on a note ... and mortgage executed to ... And to ... like effect are many decisions in our reports, too numerous ... to be cited here. In Walker v. Venters, 148 N.C ... 388, 62 S.E. 510, it was said: ... "It ... is true that a contract may be partly in writing and partly ... oral ... ...
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