Wynn v. First National Bank

1. “A bill of exceptions will not be dismissed because in the

assignment of-error it is stated that the ‘defendant excepted and now excepts,’ etc., where from the whole bill of exceptions it is apparent that the word ‘defendant’ was inadvertently used for ‘plaintiffs.’” Thompson v. Simmons, 139 Ga. 845 (3) (78 S. E. 419). Applying the principle just stated, the motion to dismiss the bill of exceptions is overruled.

2. A party to a contract who can read must read, or show a legal excuse for not doing so. Fraud which would relieve a party who could read must be such as prevents him from reading.…