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Hei v. Heller, 53 Wis. 415, 10 N.W. 620

Facts

On April 3, 1876, Carl Heller and his wife executed a warranty deed to their son, August Heller, for certain lands in exchange for a $1,000 bond secured by a mortgage. The deed included an agreement for August to provide support to his parents during their lives. After Carl Heller's death in November 1876, a dispute arose regarding personal property valued at $1,250 that August claimed to have purchased from his father as part of the same transaction. The circuit court allowed August to present evidence of this claim, which the plaintiff contested as inadmissible.

On April 3, 1876, Carl Heller and his wife executed a warranty deed to their son, August Heller, for certain lands in exchange for a $1,000 bond secured by a mortgage.

Issue

Did the circuit court err in allowing parol evidence to establish that the personal property was part of the consideration for the warranty deed and bond?

Did the circuit court err in allowing parol evidence to establish that the personal property was part of the consideration for the warranty deed and bond?

Rule

Parol evidence is inadmissible to vary or add to the terms of a written contract when the writing appears to contain the whole agreement and is not shown to be incomplete.

Parol evidence is inadmissible to vary or add to the terms of a written contract when the writing appears to contain the whole agreement and is not shown to be incomplete.

Analysis

The court analyzed whether the writings executed by the parties expressed the entire agreement. It concluded that since the consideration for the warranty deed and bond was fully expressed in the writings, allowing parol evidence to introduce additional terms was improper. The court emphasized that the parties would not likely omit significant terms from the written agreement if they were intended to be included.

The court analyzed whether the writings executed by the parties expressed the entire agreement. It concluded that since the consideration for the warranty deed and bond was fully expressed in the writings, allowing parol evidence to introduce additional terms was improper.

Conclusion

The court reversed the circuit court's judgment, stating that the admission of parol evidence to show the personal property as part of the consideration was erroneous.

The court reversed the circuit court's judgment, stating that the admission of parol evidence to show the personal property as part of the consideration was erroneous.

Who won?

The plaintiff prevailed because the court found that the circuit court improperly allowed parol evidence that contradicted the written agreements.

The plaintiff prevailed because the court found that the circuit court improperly allowed parol evidence that contradicted the written agreements.

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