Curtis v. Pierce
Supreme Court of Georgia
Petition for injunction. Before Judge Highsmitb. Jeff Davis superior court. ' May 26, 1923. The exception is to a judgment refusing a temporary injunction to prevent a vendor of a hotel from operating another hotel in the same town, in violation of an alleged parol agreement not to engage in the hotel business in that town so long as the vendee should use the property purchased in conducting a hotel.
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Petition for injunction. Before Judge Highsmitb. Jeff Davis superior court. ' May 26, 1923. The exception is to a judgment refusing a temporary injunction to prevent a vendor of a hotel from operating another hotel in the same town, in violation of an alleged parol agreement not to engage in the hotel business in that town so long as the vendee should use the property purchased in conducting a hotel. On the hearing there was evidence tending tó show the following: On July 16, 1921, the owner of a hotel, who was operating it as proprietor, agreed to sell the property and business for a stated…
1Opinion of the CourtAtkinson, J.
The evidence that was excluded was essential to the plaintiff’s case. The controlling question therefore is, did the judge err in excluding the testimony ? The attorney for the plaintiff states in his brief that he fully recognizes “the rule that parol evidence cannot be admitted to add to, take from, vary, or contradict a valid written instrument,” but insists that it would not offend this rule to admit the evidence. This position was based on the contention as stated in the brief: “that the written contract as shown by the record relates exclusively to the lands and the personal properties…
2Cases cited6 opinions
- Barrie v. MillerSupreme Court of Georgia · 1898
- Spier v. LambdinSupreme Court of Georgia · 1872
- Armstrong v. Atlantic Ice & Coal Corp.Supreme Court of Georgia · 1914
- Carter v. GriffinSupreme Court of Georgia · 1901
- McCommons v. WilliamsSupreme Court of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great American Builders, Inc. v. HowardCourt of Appeals of Georgia · 1993
- Lively v. MundaySupreme Court of Georgia · 1946
- McTerry v. Free for All Missionary Baptist Church No. 1Court of Appeals of Georgia · 1973
- Morgan Construction Co. v. KitchingsCourt of Appeals of Georgia · 1964
- F. C. Brooks & Sons, Inc. v. Shell Oil Co.Supreme Court of Georgia · 1970
1 more not listed; retrieve them via the Exa API.