Fleming v. Satterfield
Court of Appeals of Georgia
Complaint, from city court of Hartwell — Judge Hodges. December 30, 1907. The action was on a promissory note for $135 principal, dated January 2, 1907, and due 30 days after date, which recited that it was given for the purchase-money of “one blue horse-mule, 4 years old.” The defendant filed a plea as follows: On January 2, 1907, he traded to -the plaintiff a mule, worth $100, for the mule for which the note sued upon was given.
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Complaint, from city court of Hartwell — Judge Hodges. December 30, 1907. The action was on a promissory note for $135 principal, dated January 2, 1907, and due 30 days after date, which recited that it was given for the purchase-money of “one blue horse-mule, 4 years old.” The defendant filed a plea as follows: On January 2, 1907, he traded to -the plaintiff a mule, worth $100, for the mule for which the note sued upon was given. He agreed to give the plaintiff $135 difference in the trade, which was to be paid ixC 30 days. The plaintiff guaranteed the mule traded to the defendant to be…
1Opinion of the CourtHill, C. J.
1. “Tlie rule is well settled that where the parties have reduced to writing what appears to be a complete and certain agreement, importing a legal obligation, it will, in the absence of fraud, accident, or mistake, be conclusively presumed that the writing contains the whole of the agreement between the parties; and parol evidence of prior, contemporaneous, or subsequent conversations, representations, or statements will not be received for the purpose of adding to or varying the written instrument.” 2 Mechem on Sales, § 1254; Civil Code, § 5201.
2. Where a promissory note is given for the…
2Cases cited2 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Bullard v. BrewerSupreme Court of Georgia · 1903
3Cited by7 opinions
- Mizell Live Stock Co. v. BanksCourt of Appeals of Georgia · 1912
- Cristal v. HarmonCourt of Appeals of Georgia · 1976
- Outcault Advertising Co. v. National Furniture Co.Court of Appeals of Georgia · 1909
- Borders v. ChapmanCourt of Appeals of Georgia · 1918
- Brooks v. Williams Manufacturing Co.Court of Appeals of Georgia · 1922
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