American Extension University Dept of Law Extension Law Course volume 1
American Extension University Dept of Law Extension Law Course volume 1
Ill American Extension School of Law Chicago
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The rules applicable to oral contracts are governed by general laws of evidence and will not be here considered. (a) Sealed Instruments. Contracts under seal are said to prove themselves. By that is meant that once the fact of the sealing of a contract being established, and its delivery to the other party proven, no farther evidence as to the making of the contract is necessary. In other words, the fact of a seal on a contract legally and conclusively, of itself, proves the contract upon the f...act of the sealing being shown. Contracts under seal were formerly attested by the signature of two or more witnesses to the execution of the contract. When these witnesses could not be produced at the trial, proof of their handwriting was sufficient. In most states attesting witnesses, except in particular cases, as in wills, are not now required. 146 AMERICAN EXTENSION UNIVERSITY (b) Parol Evidence. Parol or oral evidence is ad- missible in proving a simple and unsealed written contract, (1) to show that the signature thereto is that of the person sought to be charged, or that the defendant made the con- tract; (2) to supplement the writing constituting part of the contract; or (3) to connect several separate writings which go to make up the whole contract.
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