 | 1914 - 448 pages
...is to be sustained. In Martin and Monroe v. Berens, 67 Pa., 459, Mr. Justice Williams said that, " where parties, without any fraud or mistake, have...the best, but the only, evidence of their agreement, and we are not disposed to relax the rule. It has been found to be a wholesome one, and now, that parties... | |
 | 1898 - 1134 pages
...and unequivocal terms of a written instrument. In Martin v. B«rens, 67 Pa. St 463, the court say: 'Where parties, without any fraud or mistake, have...to be not only the best, but the only, evidence of thi-ir agreement; and we are not disposed to relax the rule. It has been found to be a wholesome one,... | |
 | 1884 - 628 pages
...absence of fraud 459), where parties without any fraud or mistake have deliberately put theirengagements in writing, the law declares the writing to be not...the best, but the only evidence of their agreement, and we are not disposed to relax the rule, nor as stated by Mr. Justice GREEN, in Thome v. WarHem (12... | |
 | 1886 - 960 pages
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement; but this does not prevent parties to a written agreement from proving that either contemporaneously,... | |
 | 1886 - 1076 pages
...Snyder and Jacob Esclileinan, tlie defendant, for the sale of the land on which this dower remains. Where parties, without any fraud or mistake, have...the best, but the only evidence of their agreement. Martin v. Berens, 67 Pa. 403 ; Tlun-ne v. Wurfflnn, 100 Pa. Г)19. Where there is no alienation that... | |
 | 1887 - 956 pages
...that it occurred through fraud, accident, or mistake. As was said in Martin v.Berens, 67 Pa. St. 459, "where parties, without any fraud or mistake, have...the best, but the only, evidence of their agreement, and we are not disposed to relax the rule. It has been found to be a wholesome one, and, now that parties... | |
 | 1904 - 1132 pages
...Berens, this offer comes within the exceptions noted to the wellknown rule stated in that case, that: 'Where parties, without any fraud or mistake, have...best, but the only, evidence of their agreement.' "Mr. Ikeler: This evidence is offered for the purpose of showing that, at the time of the execution... | |
 | 1902 - 1196 pages
...palpable mistake are grounds for rescission, for, when the parties have deliberately put their engagement In writing, the law declares the writing to be, not...best, but the only, evidence, of their agreement. Martin v. Berens, 67 Pa. 459; Hoffman v. Railroad, 157 Pa. 174, 27 Atl. 564; Railroad Co. v. Shay,... | |
 | 1886 - 948 pages
...Fed. Rep. 187. When the parties, without any fraud or mistake, have deliberately put their engagement in writing, the law declares the writing to be not only the best, but the only, evidence of the agreement ; but this does not prevent parties to a written agreement from proving that either contemporaneously,... | |
 | 1900 - 1124 pages
...accident, or mistake. As was well said by this court In Martin v. Berens, 67 Pa. St. 459, "where the parties, without any fraud or mistake, have deliberately...engagements In writing, the law declares the writing not only to be the best, but the only, evidence of their agreement, and we are not disposed to relax... | |
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Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best but the only, evidence of their agreement; and we are not disposed to relax the rule. 
