Napier v. Strong
Court of Appeals of Georgia
Action on contract; from city court of -Macon—Judge Hodges. April 38, 1916. Mrs. M. L. Strong brought suit against Mrs. D. S. Napier, alleging damages in the sum of $800, on account of an alleged breach of contract relating.to a policy of insurance bought by her of the defendant.
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Action on contract; from city court of -Macon—Judge Hodges. April 38, 1916. Mrs. M. L. Strong brought suit against Mrs. D. S. Napier, alleging damages in the sum of $800, on account of an alleged breach of contract relating.to a policy of insurance bought by her of the defendant. It appears that Mrs. Napier sold to Mrs. Strong a house and lot in Macon, taking installment notes for the purchase-money and giving bond for title, obligating the seller to execute title upon the payment of the. notes. All the negotiations and transactions involved in the sale, except the execution of the bond for…
1Opinion of the CourtJenkins, J.
1. It is ably contended by counsel for the plaintiff in error that no parol evidence regarding the insurance transaction should have been admitted, for the reason that the sale of the house and lot and the sale .of the unexpired term of the insurance policy were all parts of the same transaction, as shown by the petition; and that since the bond for titles is in writing, and by law required so to be, it can not be added to or varied by parol evidence. No principle of law is better settled than that which prohibits the admission of parol evidence to add to, take from, or vary the terms of a…
2Cases cited36 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
- Davis v. KirklandCourt of Appeals of Georgia · 1907
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3Cited by71 opinions
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- Toler v. GoodinSupreme Court of Georgia · 1946
- Irvin v. LockeSupreme Court of Georgia · 1946
- Miller v. ClabbyCourt of Appeals of Georgia · 1986
- Taylor v. TaylorSupreme Court of Georgia · 1943
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