261 



wards we agree, in writing, for the purchase of the 

 horse, that shortens and corrects the representa- 

 tions ; and whatever terms are not contained in the 

 contract, do not bind the seller, and must be struck 

 out of the case. In this case, if there had been 

 any fraud, I agree it would not have been done 

 away by the contract : but in this case there is no 

 evidence of any fraud at all : the ship is afterwards 

 conveyed by a bill of sale, that contains no 

 warranty. I thought at the trial, and still think, 

 that the parties were not now at liberty to show 

 any representation made by the seller, unless they 

 could show that by some fraud the defendants pre- 

 vented the plaintiffs from discovering a fault which 

 they knew to exist.'' 



It may be noticed generally, that although 

 parole evidence is inadmissible to alter or vary a 

 written contract, it may be received in aid of 

 such contract. In the case of Jeffery v. Walton, 

 1 Star. N. P. 267, the contract was for the hire of 

 a gelding for " six weeks at two guineas." The 

 action was brought for damages arising from 

 mismanagement of the horse. The written contract 

 was contained in a pencil memorandum made by 

 the plaintiff, and which he was called upon to pro- 

 duce by the defendant at the trial. The defend- 

 ant had kept the horse for twelve weeks. He 



