Butler v. Citizens Bank

1. A written instrument which upon its face is apparently a completely executed contract between the parties may nevertheless, by the circumstances attending its execution, and the understanding between the parties, be shown not to be a valid contract until the performance of some other act of one of the parties as a condition precedent to the instrument’s becoming a binding contract between them. Pidcock v. Crouch, 7 Ga. App. 299 (66 S. E. 973); Heitmann v. Commercial Bank, 6 Ga. App. 584 (65 S. E. 590). Where a promissory note is executed by a person ostensibly as the principal, and is…