Countess of Rutland’s Case: 1604

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 AlsoThe Countess of Rutland’s Case 1572
. .
See AlsoIsabel Countess of Rutland’s Case 1572
. .

Cited by:
CitedChartbrook 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 AlsoThe Countess of Rutland’s Case 1572
. .
See AlsoElizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
See AlsoThe Countess of Rutlands Case 1669
. .
See AlsoThe Countess of Rutland’s Case 1793
. .
See AlsoElizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .

These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.374674