Evidence, Extrinsic affecting writings. In an action for the balance of the price of a steam roller sold by the plaintiff to the defendant under a contract in writing, described as "one of our Universal Steam Rollers of ten tons weight" and guaranteed to be "a first class and proper roller in every respect for building roads of crushed stone and gravel," the defendant cannot be allowed to show by oral evidence that when he ordered the roller before the execution of the contract he told the plaintiff that he wanted the roller for doing work between the rails of street railway tracks and that it should not be more than fifty-two inches wide and that the plaintiff agreed to furnish him a roller of that width, whereas the one furnished was fifty-four inches wide and for that reason was unsuitable for the work for which it was ordered.
LORING, J. [After the foregoing statement of the case.]
The evidence was properly excluded on the first ground stated by the presiding judge. Neale v. American Electric Vehicle Co. 186 Mass. 303. Kinnard Co. v. Cutter Tower Co. 159 Mass. 391. It is not necessary to consider the other ground on which the ruling was made.
Exceptions overruled.