West v. Carolina Housing & Mortgage Corp.

Duckworth, Chief Justice.

1. “One having the capacity and opportunity to read a written contract, and who signs it, not under any emergency, and whose signature is not obtained by any trick or artifice of the other party, can not afterwards set up fraud in the procurement of his signature to the instrument.” Truitt-Silvey Hat Co. v. Callaway & Truitt, 130 Ga. 637 (61 S. E. 481); Lewis v. Foy, 189 Ga. 596 (6 S. E. 2d 788).

2. The petitioners’ allegations, as finally amended, being that they were ignorant colored people, practically illiterate, and totally incapable of reading and understanding…