Crow v. Bowers
Supreme Court of Georgia
1Opinion of the Court
Atkinson, Presiding Justice.
1. Where a petition seeks cancellation of a written instrument and alleges that the instrument sought to be canceled was “a release from all further claims," in construing the petition most strongly against the pleader, which must be done, the instrument will be construed as a full contract of release, and not merely a receipt.
2. Where it is sought to set aside a written instrument which is a full contract of release from all further claims, and not merely a receipt, parol evidence is not admissible to vary or alter its terms. Walters v. Odom, 53 Ga. 286, 289;…
2Cases cited9 opinions
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Southern Bell Telephone & Telegraph Co. v. SmithSupreme Court of Georgia · 1907
- Collier v. Mayflower Apartments Inc.Supreme Court of Georgia · 1943
- Brown v. AyerSupreme Court of Georgia · 1858
- Pennsylvania Casualty Co. v. ThompsonSupreme Court of Georgia · 1908
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3Cited by11 opinions
- Glass v. Doctors Hospital, Inc.Court of Appeals of Maryland · 1957
- Pemrock, Inc. v. Essco Co.Court of Appeals of Maryland · 1969
- Owens v. Service Fire InsuranceCourt of Appeals of Georgia · 1954
- Ernest Menendez and Theresa Menendez v. Perishable Distributors, Inc., and Edgar Newton Crowe, Jr.Court of Appeals for the Eleventh Circuit · 1985
- Henslee v. HoustonCourt of Appeals for the Fifth Circuit · 1978
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