Legal Opinion

Butler v. Standard Guaranty & Trust Co.

Supreme Court of Georgia

Decided March 7, 1905PublishedCited by 10 opinions

Equitable petition. Before Judge Lumpkin. Fulton superior court. June 9, 1904.

1Opinion of the CourtSimmons, C. J.

1. Where one enters into a written contract with another, the agreements and “understandings” concerning representations made by one of the parties to the other before the signing of the contract are presumed to be incorporated therein, and parol evidence is not admissible to vary or change the terms of the contract.

2. Where a party to a written contract alleges in her petition to rescind that certain representations, not embodied in the contract, were made by the agent of the other party (a corporation) in order to induce her to sign the same, she can not have it rescinded on account of such…

2Cited by10 opinions

  1. Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
  2. Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
  3. Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917
  4. Clyde Chester Realty Co. v. StansellCourt of Appeals of Georgia · 1979
  5. Robert S. Gaynor and Janet Stone v. James L. Buckley, Julian N. Cheatham, Robert B. Pamplin, John S. Brandis and Georgia-Pacific CorporationCourt of Appeals for the Ninth Circuit · 1963

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