Case Threshing Machine Co. v. Broach
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Meadow. Oglethorpe superior court. September 16, 1910. Broach bought of Baudall, the plaintiff’s salesman in charge of its Atlanta office and storeroom, a twelve-horse-power compounded portable engine, at the price of $850, paying in cash $200 and freight charges of $55.40, and giving his notes for $650, with a mortgage on the engine. He signed also a written order or contract of sale, which Bandall signed as salesman.
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Mortgage foreclosure. Before Judge Meadow. Oglethorpe superior court. September 16, 1910. Broach bought of Baudall, the plaintiff’s salesman in charge of its Atlanta office and storeroom, a twelve-horse-power compounded portable engine, at the price of $850, paying in cash $200 and freight charges of $55.40, and giving his notes for $650, with a mortgage on the engine. He signed also a written order or contract of sale, which Bandall signed as salesman. Upon refusal to pay the notes, foreclosure of the mortgage was commenced; and Broach interposed an affidavit of illegality. The plaintiff…
1Opinion of the CourtEish, C. J.
1. Where the parties have reduced to writing what appears to be a complete and certain agreement, importing a legal obligation, it will, in the absence of fraud, accident, or mistake, be conclusively presumed that the writing contains the whole of the agreement between them, and parol evidence of prior or contemporaneous conversations, representations, or statements will not be received for the purpose of adding to or varying the written instrument. If such writing contains a warranty of some kind or to some extent, parol evidence will not be admitted to extend, enlarge, or modify that which…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Bullard v. BrewerSupreme Court of Georgia · 1903
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
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3Cited by29 opinions
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1944
- Alpha Kappa PSI Building Corp. v. KennedyCourt of Appeals of Georgia · 1954
- Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
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