Gamble v. Knott & Hollingsworth
Supreme Court of Georgia
Evidence. Reformation of Contract. Mistake. New Trial. Before Judge Cole. Bibb Superior Court. May Term, 1869. Gamble sued Knott & Hollingsworth, as drawers, and Hardeman & Sparks, as acceptors, of a draft for $5,000 00, dated the 4th of January, 1867, payable to Gamble's order on the 25th of the following December.
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Evidence. Reformation of Contract. Mistake. New Trial. Before Judge Cole. Bibb Superior Court. May Term, 1869. Gamble sued Knott & Hollingsworth, as drawers, and Hardeman & Sparks, as acceptors, of a draft for $5,000 00, dated the 4th of January, 1867, payable to Gamble's order on the 25th of the following December. They pleaded the general issue, .payment in part, and that, by mistake, in drawing the contract, which was the basis of said draft, a main ingredient of it had been omitted, etc., as will hereafter appear. Plaintiff’s counsel read in evidence said draft and said contract and…
1Opinion of the CourtWarner, J.
This was a.case tried on-the common law side of the Court. On the trial thereof a written, contract between the parties for the rent of the plantation, sale of stock, provisions and agricultural-implements, was read in evidence. That written agreement was the best evidence as to what was the contract between the parties; all prior negotiations between them are presumed to have been merged therein, and the result of-their parol agreement is presumed to be stated in the written contract, unless there was fraud or mistake in the execution of it.
When a bill is filed on the equity side of the…
2Cited by13 opinions
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- Helton v. ShellnutSupreme Court of Georgia · 1938
- Mansfield v. BarberSupreme Court of Georgia · 1877
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