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Connell v. Diamond T. Truck Co.
New Hampshire Supreme Court
188 A. 463 (1936)
On September 7, 1932, Connell (plaintiff) bought a truck from Diamond T. Truck Company (Diamond T.) (defendant) two days after first seeing the vehicle. Connell quickly found that the truck was unfit to use as he intended, but when he returned the truck, Diamond T. refused to refund Connell’s purchase money. Connell sued. At trial, Connell introduced parol evidence that Diamond T.’s manager told him, on or before September 7, that Connell could return the truck and get his money back if, within a week, he found the truck to be unsuitable. Diamond T.’s evidence included the sale contract, which stipulated that it was the sole expression of the parties’ intent with respect to Connell’s purchase. The evidence was unclear as to when the parties signed the contract. The jury returned its verdict for Connell, and Diamond T. appealed to the New Hampshire Supreme Court.
Rule of Law
Holding and Reasoning (Woodbury, J.)
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