Atlanta Journal v. Power
Court of Appeals of Georgia
Complaint; from city court of LaGrange — Judge Duke Davis. October 9, 1920. Two notes for $32.68 each were sued on. Tbe defendant pleaded as shown by the headnote, and tendered $8.15 as the amount of principal and interest he owed the plaintiff. Exception was taken to a refusal to strike the plea on motion.
1Opinion of the CourtBroyles, C. J.
“Parol evidence (especially of the debtor himself) that a settlement closed up by absolute notes and mortgages was, by oral agreement of the parties, to be revised by the debtor, and the notes and mortgages reduced by crediting down all errors, contradicts the writings, and is inadmissible.” Dyar v. Walton, 79 Ga. 466 (7 S. E. 220). Under this ruling and the facts in the instant case, the court erred in refusing to strike, on motion of the plaintiff, the defendant’s plea. This ruling is not in conflict with the decision in McLendon v. Callaway, 52 Ga. 41, relied on by the defendant in error;…
2Cases cited2 opinions
- Dyar v. Walton, Whann & Co.Supreme Court of Georgia · 1887
- McLendon v. Wilson, Callaway & Co.Supreme Court of Georgia · 1874
3Cited by2 opinions
- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Moore v. Flowers Lumber Co.Court of Appeals of Georgia · 1926