Cotterill v. Hopkins

Bell, Justice.

1. “The compromise of a doubtful claim is a sufficient consideration to support a promissory note fairly given in settlement of the controversy.” Johnson v. Redwine, 98 Ga. 112 (25 S. E. 924) ; City Electric Ry. Co. v. Floyd County, 115 Ga. 655 (42 S. E. 45) ; Belt v. Lazenby, 126 Ga. 767 (2) (56 S. E. 81) ; Preston v. Ham, 156 Ga. 223 (1 d) (119 S. E. 658) ; Civil Code (1910), § 4330.

2. A contract will not be so construed as to authorise one of the parties to abrogate it by his own default, “unless it be plain and manifest that such was the intention of the parties.” Finlay v.…