Legal Opinion

McCullough v. Kirby

Supreme Court of Georgia

Decided February 15, 1949No. 16502PublishedCited by 23 opinions

1Opinion of the Court

Duckworth, Chief Justice.

(After stating the foregoing facts.) Headnotes 1, 2, 3 and 4 require no elaboration.

It is settled law in this State that “a party to a contract who can read must read, or show a legal excuse for not doing so, and that fraud which will relieve a party who can read must be such as prevents him from reading.” Lewis v. Foy, 189 Ga. 596 (6 S. E. 2d, 788). The decisions which declare this rule are too numerous for citation here. To abrogate that rule would destroy the very foundation of business intercourse, and would render written contracts solemnly executed vulnerable to…

2Cases cited6 opinions

  1. Lewis v. FoySupreme Court of Georgia · 1940
  2. Weaver v. RobersonSupreme Court of Georgia · 1910
  3. Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
  4. Deck v. ShieldsSupreme Court of Georgia · 1943
  5. Langston v. LangstonSupreme Court of Georgia · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
  2. Reidling v. HolcombCourt of Appeals of Georgia · 1997
  3. Peerless Casualty Company v. Housing Authority of the City of Hazelhurst, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
  4. Fernandez v. WebSingularity, Inc.Court of Appeals of Georgia · 2009
  5. Cox v. SmithSupreme Court of Georgia · 1979

18 more not listed; retrieve them via the Exa API.

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