Church v. Trailmobile, Inc.

Felton, Chief Judge.

The contract sued on provides for the payment of the principal and other charges in 35 equal successive monthly payments of $213 beginning on October 25, 1956. The custom pleaded by the defendant was inconsistent with and repugnant to the express terms of the contract and could not be urged for a purpose which would have altered the provisions of an unambiguous express contract. Maddox v. Life & Cas. Ins. Co., 79 Ga. App. 164 (6) (53 S. E. 2d 235) and cases cited; Code § 20-704 (3), catchwords “Express contracts”. The court did not err in sustaining the demurrer to the…