Martin v. Hemphill
Decision Date | 15 February 1922 |
Docket Number | (No. 274-3506.) |
Citation | 237 S.W. 550 |
Parties | MARTIN v. HEMPHILL. |
Court | Texas Supreme Court |
Action by T. W. Martin against C. W. Hemphill. From a judgment of the Court of Civil Appeals affirming a judgment of the district court for defendant (221 S. W. 333), plaintiff brings error. Reversed and remanded.
Snodgrass, Dibrell & Snodgrass, of Coleman, for plaintiff in error.
W. Marcus Weatherred, of Coleman, for defendant in error.
The Court of Civil Appeals gives us the benefit of a clear and accurate statement of this case, as follows:
The Court of Civil Appeals, also relying upon the case of Heffron v. Pollard, supra, 73 Tex. 96, 11 S. W. 165, 15 Am. St. Rep. 764, concluded that the trial court properly excluded the testimony in question and affirmed its judgment. See 221 S. W. 333.
The controlling question before us is whether or not the Court of Civil Appeals correctly held that Martin should not have been permitted to prove that he was the sole member of the firm of "McDonald Bros." We think the court erred in so holding, and that such testimony should have been admitted by the trial court. We do not think that proof would have revised the written confirmations. If not, it was clearly admissible.
It is elementary that, in the absence of fraud, accident, or mistake, oral evidence is not admissible to contradict or vary the terms of a written instrument. Many Texas authorities in this connection are collated in case of Harper v. Lott Town & Improvement Co., 228 S. W. 188. That the court in the case of Heffron v. Pollard, supra, had this rule of evidence in mind is quite clear. This can be gathered from several sections of that opinion as follows:
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