Gilleland v. Welch
Supreme Court of Georgia
1Opinion of the Court
Jekkins, Presiding Justice.
1. “While evidence is inadmissible to add to, take from, or vary a written contract, all the attendant circumstances may be proved; and if there is an ambiguity, latent or patent, it may be explained.” Tolbert v. Short, 150 Ga. 413 (2) (104 S. E. 245). This does not mean, however, that a written contract, complete on its face and unambiguous, can be altered by parol, except by showing fraud, accident, or mistake by which the complaining party was induced to sign the agreement, or by which the contract failed to speak the true understanding. Slaten v. College Park…
2Cases cited17 opinions
- Black v. MaddoxSupreme Court of Georgia · 1898
- Miller v. WatsonSupreme Court of Georgia · 1912
- Smith v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1901
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
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3Cited by18 opinions
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Szabo Associates, Inc. v. Peachtree-Piedmont AssociatesCourt of Appeals of Georgia · 1977
- Atkinson v. SmothersMissouri Court of Appeals · 1956
- Kirkland v. MorrisSupreme Court of Georgia · 1975
- Douglas v. LangfordSupreme Court of Georgia · 1950
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