285. Voluntas in delictis, non exitus spectantur. In criminal cases the intention and not the result is regarded.
(See Maxs. Nos. 9 and 116.)
286. Vox emissa volat, litera scripta manet. Word of mouth flies away, things written remain.
The effect of a written contract cannot be varied in its terms by parol evidence. (See Max. No. 143.)
* 287. Where one of two innocent parties must suffer by the fraud of another, he who has enabled the fraud to be committed must be the sufferer.
Thus, if A. on the strength of a representation by B., which is false, signs a receipt, and C., on the faith of the receipt, completes a purchase—here A. must suffer, and not C. (See French v. Hope, 56 L. J. Ch. 363.)
* 288. Where there is equal equity the law must prevail. That is, who is first in point of time.
(See Max. No. 220.)
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