Atlanta & LaGrange Railroad v. Hodnett
Supreme Court of Georgia
In Equity, in Troup S'uperior Court. Tried before Judge Cabaniss, at May Term, 1859. This was a bill filed by Lovick P. Hodnett, against the Atlanta and LaGrange Railroad Company, to recover of said company damages sustained by reason of the failure and refusal of the company to build the necessary bridges and crossings over said road, on the premises of complainant, and to erect a depot and turn-out thereon, as said company promised to do, in consideration that complainant…
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In Equity, in Troup S'uperior Court. Tried before Judge Cabaniss, at May Term, 1859. This was a bill filed by Lovick P. Hodnett, against the Atlanta and LaGrange Railroad Company, to recover of said company damages sustained by reason of the failure and refusal of the company to build the necessary bridges and crossings over said road, on the premises of complainant, and to erect a depot and turn-out thereon, as said company promised to do, in consideration that complainant would grant and convey to it the right of way through his said land. The bill further seeks to recover compensation for…
1Opinion of the Court
— Stephens ,T.
By the Court.
delivering the opinion.
[1.] Mr. Hodnett by his bill, makes two cases. The first is, that his deed of the right of way, was procured by fraud ; and his specification of fraud is that the company induced him to make the deed by certain parol promises, which, from the beginning, they fraudulently intended to break and which they have never performed. Is this a case entitling him to relief? Does it not fall under that wise and well-settled rule which excludes parol evidence intended to vary a written contract, by either taking from it or adding to it ? Does not this…
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