Collins v. Lester
Supreme Court of Georgia
. • Case in Bibb Superior Court. Tried before Judge Starke, May Term, 1854. This was an action on the case, brought by the defendant in error, against the plaintiff, for the recovery of the value of a negro slave named Tom.
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. • Case in Bibb Superior Court. Tried before Judge Starke, May Term, 1854. This was an action on the case, brought by the defendant in error, against the plaintiff, for the recovery of the value of a negro slave named Tom. On the trial, plaintiff offered in evidence the testimony of Robert B. Lester, taken by interrogatories, in substance, as follows: “ That in the year 1852, at the request of defendant, he hired for defendant, two of the negroes, Isaac and Robin, belonging to the estate of Benj amin L. Lester, of Baldwin County ; and before they were delivered to defendant, he exchanged…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The question first to be considered, relates to the admission, in evidence, of the oral understanding stated by the witness, Robert B. Lester, to have been made with him as agent for the defendant in error.
The principle is plain and familiar, that all oral negotiations, conversations and agreements between the parties to a written contract, in relation to the subject matter thereof, which precede or accompany the instrument, must be treated as merged in it; and the latter is to be received as the sole evidence of what was agreed upon or…
2Cited by3 opinions
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- Moon Motor-Car Co. v. Savannah Motor-Car Co.Court of Appeals of Georgia · 1930
- American Express Co. v. LankfordCourt Of Appeals Of Indian Territory · 1898