Fisher v. J. A. Jones Construction Co.

This court is in entire accord with the principle of law cited by the plaintiff in error in Langenback v. Mays, 205 Ga. 706 (1) (54 S. E. 2d, 401), as follows: “A distinct collateral oral agreement, not inconsistent with a written contract, is not necessarily merged therein, and one contract may be the consideration of another, the inducement to its execution, and an independent oral agreement which has been so induced may be proved and enforced though not referred to in the written contract.” This rule must, of course, be considered in connection with the rule of evidence in Code § 20-704…