Legal Opinion
Evans v. Smithdeal
Court of Appeals of Georgia
Decided September 22, 1977No. 54180PublishedCited by 12 opinions
1Opinion of the Court
Quillian, Presiding Judge.
1. The lease contract denominated the lessee as "Texas International Enterprises, Sam Evans, principal owner” and was executed "Texas International Enterprises by Sam Evans, prin.”
Counsel for appellee has propounded the unquestioned rule that parol evidence cannot be received to contradict, vary or materially affect, by way of explanation, a written contract. Rogers v. Atkinson, 1 Ga. 12, 20; Lyon v. Patterson, 138 Ga. App. 816 (227 SE2d 423). Moreover, under Code § 4-401 "an instrument signed by one as agent, trustee ... or the like, without more, shall be the…
2Cases cited15 opinions
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Phinizy v. BushSupreme Court of Georgia · 1907
- Chambliss v. HallCourt of Appeals of Georgia · 1966
- Rogers v. AtkinsonSupreme Court of Georgia · 1846
- Brown-Wright Hotel Supply Corp. v. BagenCourt of Appeals of Georgia · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bone Construction Co. v. LewisCourt of Appeals of Georgia · 1978
- Hawkins v. TurnerCourt of Appeals of Georgia · 1983
- West v. Federal Deposit Ins. Corp.Court of Appeals of Georgia · 1979
- O'brien's Irish Pub, Inc. v. Gerlew Holdings, Inc.Court of Appeals of Georgia · 1985
- Pinson v. Hartsfield International Commerce Center, Ltd.Court of Appeals of Georgia · 1989
7 more not listed; retrieve them via the Exa API.