Page:United States Reports, Volume 2.djvu/177

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Sonaua Couar or Pnujluania. apr i rlillin& contraét for a voyage to the llland of-Pmideaee, and r7ga. T that being completed, we are of opinion, that the plaintif is en. vrvv a titled to his wages till that time. r Verdiél: for the Plaintilfl _ . Frau: for the ufe of OXLBY, er. aL ·ue»-fue Brnnu. . HIS was an aélion of debt, on abonddatedthe rltofMa; ID. l r786; conditioned for the payment of { tooo, on or 2} 1)_ [ for the rlt of Nov. _ ; and the defendant pleaded payment, ZY 3 with leave to give the fpecial matter in evidence. The defence · fet up on the trial was, that it had been agreed by the parties, I that the bond lhould be void, unlefs Oxley if Haseacb, mer- 4Y 2 chants reliding in England, tranfmitted a ratification of ,, ° articles of oompolition within jx months: and the following OB. 5 ‘°“““f"‘Y ""E $"°" ""' . 55.E 5 r. Phe articles of eompolitron, dated the gd of May 1786, Rating, that the plaintillis have agreed with L Collin: (who was ’* indebted above £_;ooo lterling, to Oxley E.·J’ Hancock) that=Callin: 6 mg I {hall pa? [ tooo to,Oxley E9' Hamm-}, “ provided that this agree. ' ment o compolition {hall not take elfeit as to a full difeharge of Collins, until Oxley U Haucacl {hall have their ratification to Aaren2·a." ad. A receipt by one of the plaintiffs, for the bond in fait, “ being given in confequence of the above agreem t" alth0’ dated the 1ll: of May, 1786. gd. A letter dated 27th Dec. 1786, from Field, acknowled- ging a demand made upon him by Biddle, for the bond in quef- tion. The defendant then ollizred William Bell as a wimefs to prove, that at the time the bond was executed, it was agreed that it ihould be void, if the ratification did not arrive in fix months. The teiiimony was objeéled to; but after fome argument, the point was referved, and became the fubjeél: of difcullion at the prefent Term. Ingerfall, for the plaintill'—The intention of the patties mult be conltrued by the bond and the indenture. The attempt is now ` made to explain away or vary a written agreement; to fhew that to be conditional, which the writingimports to be abfolute._ Bac. Elem. go. 4 BL Cam. 483. 9. No patrol avermcnt vary- _ .1 ing the condition of a bond, {hall be admitted as a plea. Cow. 47. t E_/jb. 247. The exceptions do not reach this cafe; they may be reduced to three general heads. 1 To rebut an equity. 2 '1`o afcertain a perfon or thing which cannot be afcertained by the writing itfelf. 3 ‘Whcn a claufe is left out by fraud or mtltake. The cafe in 3 Ark. 77. {ras of a circumltance which could A MR