Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory.’
Popham CJ
(1604) 5 Co Rep 25, [1572] EngR 423, (1572-1616) 5 Co Rep 25, (1572) 77 ER 89
Commonlii
England and Wales
Citing:
See Also – The Countess of Rutland’s Case 1572
. .
See Also – Isabel Countess of Rutland’s Case 1572
. .
Cited by:
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
See Also – The Countess of Rutland’s Case 1572
. .
See Also – Elizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
See Also – The Countess of Rutlands Case 1669
. .
See Also – The Countess of Rutland’s Case 1793
. .
See Also – Elizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.374674 br>