“[T]he written contract is the last and most deliberate act of the parties ... therefore all the preliminary papers passing between the parties while the contract was in fieri, are ... inadmissible to contradict or vary the written agreement.”
How later courts described this case
- “[T]he written contract is the last and most deliberate act of the parties ... therefore all the preliminary papers passing between the parties while the contract was in fieri, are ... inadmissible to contradict or vary the written agreement.”
Written by the judges who cited it.
The opinion
Drake, Ch. J.,
dissenting:
I dissent from the opinion of the court on the point of there having been delays caused by the defendants which amounted to a breach of the contract; and also upon the amount of the damages awarded.