Summary

Portrait of Robert Cooper Grier Robert Cooper Grier Brown v. Wiley (61 U.S. 442) — Opinion of the Court

Dunn, (6 Peters, 56,) this court have declared 'that there is no rule better settled or more salutary in its application them that which precludes the admission of parol evidence to contradict or substantially vary the legal import of a written agreement.' The case of Brochmore v. Davenport, 14 Texas Rep., 602, a case precisely similar to the present, adopts the same rule. The case of Robishat v. Folse, 11 Louisiana, and of Barthet v. Estebene, 5 Ann. Rep., 315, and several others, acknowledge the same doctrine, thereby overruling some early cases in Louisiana which had departed from it.
Source: Wikisource

Portrait of Robert Cooper Grier Robert Cooper Grier Brown v. Wiley (61 U.S. 442) — Opinion of the Court

La. R., 57, and Robertson v. Nott, 2 Martin, N. S., 122, have not since been followed, even in Louisiana, but substantially, though tacitly, overruled. (Police Jury v. Haw, 2 La. R. 42; Robechot v. Folse, 11 ib., 133; Arnous v. Davern, 18 ib., 42; Barthete v. Estebene, 5 La. Ann. R., 315; Gosserband v. Lacour, 8 ib., 75; Williams v. Flood, 11 ib., 113.)
2. That it is the lex fori, and not the lex loci contractus, which governs the question, according to the decisions in Louisiana herself. (Shewell v. Raguet, 17 La. R., 457.)
Mr. Justice GRIER delivered the opinion of the court.
Source: Wikisource

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