PAROL
More properly parole. A French word, which means literally, word or speech. It is used to distinguish contracts which are made verbally or in writing not under seal, which are called, parol. contracts, from those which are under seal which bear the name of deeds or specialties (q. v.) 1 Chit. Contr. 1; 7 Term. R. 3 0 351, n.; 3 Johns. Cas. 60; 1 Chit. Pl. 88. It is proper to remark that when a contract is made under seal, and afterwards it is modified verbally, it becomes wholly a parol contract. 2 Watts, 451; 9 Pick. 298; 13 Wend. 71.
More properly parole. A French word, which means literally, word or speech. It is used to distinguish contracts which are made verbally or in writing not under seal, which are called, parol. contracts, from those which are under seal which bear the name of deeds or specialties (q. v.) 1 Chit. Contr. 1; 7 Term. R. 3 0 351, n.; 3 Johns. Cas. 60; 1 Chit. Pl. 88. It is proper to remark that when a contract is made under seal, and afterwards it is modified verbally, it becomes wholly a parol contract. 2 Watts, 451; 9 Pick. 298; 13 Wend. 71.
2.
Pleadings are frequently denominated the parol. In some instances the
term parol is used to denote the entire pleadings in a cause as when in
an action brought against an infant heir, on an obligation of his
ancestors, he prays that the parol may demur, i. e., the pleadings may
be stayed, till he shall attain full age. 3 Bl. Com. 300; 4 East, 485 1
Hoffm. R. 178. See a form of a plea in abatement, praying that the parol
may demur, in 1 Wentw. Pl. 43; and 2 Chit. Pl. 520. But a devisee
cannot pray the parol to demur. 4 East, 485.
3.
Parol evidence is evidence verbally delivered by a witness. As to the
cases when such evidence will be received or rejected, vide Stark, Ev.
pt. 4, p. 995 to 1055; 1 Phil. Ev. 466, c. 10, s. 1; Sugd. Vend. 97.
______________
Find Legal Forms Here! Power of Attorneys, Bill of Sale, Promissory Notes, Rental Application, Lease Agreement, Bankruptcy, Entertainment, Wills... and more!
______________
Find Legal Forms Here! Power of Attorneys, Bill of Sale, Promissory Notes, Rental Application, Lease Agreement, Bankruptcy, Entertainment, Wills... and more!
No comments:
Write comments