extrinsic evidence rule (Texas) · Go Syfert
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extrinsic evidence rule in Texas

6 Texas opinions name it 1 courts 1964–1992 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hubacek v. Ennis State Bankgreen
tex · 1958 · cited in 3 Texas opinions naming this issue, 1970–1979
2 sentences

1979However, in Hubacek v. Ennis State Bank, 159 Tex. 166 , 317 S.W.2d 30 (1958), the Texas Supreme Court allowed an oral agreement to be admitted into evidence by parol testimony in order that holders of a note would know how they were to apply the first note payments.

1979However, in Hubacek v. Ennis State Bank, 159 Tex. 166 , 317 S.W.2d 30 (1958), the Texas Supreme Court allowed an oral agreement to be admitted into evidence by parol testimony in order that holders of a note would know how they were to apply the first note payments.

13
Kuper v. Schmidtgreen
tex · 1960 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992Kuper v. Schmidt, 161 Tex. 189 , 338 S.W.2d 948, 952 (1960).

1992Kuper v. Schmidt, 161 Tex. 189 , 338 S.W.2d 948, 952 (1960).

11
Rapid Transit Railway Co. v. Smithgreen
tex · 1905 · cited in 1 Texas opinions naming this issue, 1971–1971
2 sentences

1971Co. v. Smith, 98 Tex. 553 , 86 S.W. 322, 323 (1905); White, Ward & Erwin v. Hager, 112 Tex. 516 , 248 S.W. 319, 322 ; 50 Tex. Jur.2d 45, Release, Sec. 35; 23 Tex.Jur.2d 500, Evidence, Sec. 342; and “it matters not that the defendants who invoke the rule are not parties to the instrument.” Cannon v. Pearson (Tex.Sup., 1964) 383 S.W.2d 565, 570 .

1971Co. v. Smith, 98 Tex. 553 , 86 S.W. 322, 323 (1905); White, Ward & Erwin v. Hager, 112 Tex. 516 , 248 S.W. 319, 322 ; 50 Tex. Jur.2d 45, Release, Sec. 35; 23 Tex.Jur.2d 500, Evidence, Sec. 342; and “it matters not that the defendants who invoke the rule are not parties to the instrument.” Cannon v. Pearson (Tex.Sup., 1964) 383 S.W.2d 565, 570 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Cannon v. Pearson green
tex · 1964
1 sentence

1971Co. v. Smith, 98 Tex. 553 , 86 S.W. 322, 323 (1905); White, Ward & Erwin v. Hager, 112 Tex. 516 , 248 S.W. 319, 322 ; 50 Tex. Jur.2d 45, Release, Sec. 35; 23 Tex.Jur.2d 500, Evidence, Sec. 342; and “it matters not that the defendants who invoke the rule are not parties to the instrument.” Cannon v. Pearson (Tex.Sup., 1964) 383 S.W.2d 565, 570 .

11971–1971
White, Ward & Erwin v. Hager neutral
tex · 1923
2 sentences

1971Co. v. Smith, 98 Tex. 553 , 86 S.W. 322, 323 (1905); White, Ward & Erwin v. Hager, 112 Tex. 516 , 248 S.W. 319, 322 ; 50 Tex. Jur.2d 45, Release, Sec. 35; 23 Tex.Jur.2d 500, Evidence, Sec. 342; and “it matters not that the defendants who invoke the rule are not parties to the instrument.” Cannon v. Pearson (Tex.Sup., 1964) 383 S.W.2d 565, 570 .

1971Co. v. Smith, 98 Tex. 553 , 86 S.W. 322, 323 (1905); White, Ward & Erwin v. Hager, 112 Tex. 516 , 248 S.W. 319, 322 ; 50 Tex. Jur.2d 45, Release, Sec. 35; 23 Tex.Jur.2d 500, Evidence, Sec. 342; and “it matters not that the defendants who invoke the rule are not parties to the instrument.” Cannon v. Pearson (Tex.Sup., 1964) 383 S.W.2d 565, 570 .

11971–1971
Denman v. Hall green
tex · 1946
2 sentences

1964In brief, the extrinsic evidence rule ordinarily requires the exclusion of parol evidence of prior or contemporaneous negotiations, conversations, representations, or statements that would add to or vary the terms of written agreements that are clear on their face.” Our Supreme Court in Denman v. Hall, 144 Tex. 633 , 193 S.W.2d 515, 516 , said: “ * * * the ruie is that parol evidence cannot be received to establish any oral condition relating to the contract if the condition is inconsistent with the terms of the written instrument. 32 C.J.S.

1964In brief, the extrinsic evidence rule ordinarily requires the exclusion of parol evidence of prior or contemporaneous negotiations, conversations, representations, or statements that would add to or vary the terms of written agreements that are clear on their face.” Our Supreme Court in Denman v. Hall, 144 Tex. 633 , 193 S.W.2d 515, 516 , said: “ * * * the ruie is that parol evidence cannot be received to establish any oral condition relating to the contract if the condition is inconsistent with the terms of the written instrument. 32 C.J.S.

11964–1964

Where else courts name it

LA 9 (1994–2024) TX 6 (1964–1992) WA 4 (1982–2014) CA 3 (1933–1963) OH 3 (1991–2009) MT 2 (2020–2021) FL 2 (2015–2016) NY 2 (1961–2000) NM 2 (1979–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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