Maxim 11.2.13
In the delivery of writings, not what is said, but what is done, is to be considered.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur.
Source: 9 Co. 137; Bouvier; Weisman, 30d
Difficulty 2/5 — Approachable
Explanation
The validity and effect of a written instrument depend on the actual delivery and acts performed, not on the oral declarations accompanying the transfer.
Where this applies
- The oral statements made during the signing don't match what was actually done.
- What was said during delivery matters less than the actual act of delivery.
- The validity of a written instrument depends on what was done, not what was said.
Cite this maxim
NeCede Max. 11.2.13 — In the delivery of writings, not what is said, but what is done, is to be considered. — 9 Co. 137; Bouvier; Weisman, 30d (In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur.)
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