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WARE V. ALLEN, 128 U. S. 590 (1888)

U.S. Supreme Court

Ware v. Allen, 128 U.S. 590 (1888)

Ware v. Allen

No. 99

Argued November 28, December 3, 1888

Decided December 17, 1888

128 U.S. 590


On the proofs, the Court holds that the contract upon which this suit is brought never went into effect, that the condition upon which it was to become operative never occurred, and that the case is one of that class, well recognized in the law, by which an instrument, whether delivered to a third person as an escrow or to the obligee in it, is made to depend, as to its going into operation, upon events to occur or to be ascertained thereafter.

Parol evidence is admissible, in an action between the parties, to show that a written instrument, executed and delivered by the party obligor to the party obligee, absolute on its face, was conditional and was not intended to take effect until another event should take place.

In equity. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion.

Page 128 U. S. 592

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