Burgess v. Calhoun National Bank

1. In answer to an action upon a promissory note, allegations were made that the note was given to cover a balance due upon the purchase-price of certain land remaining after certain payments had been made, and that in executing the note it was defendant’s intention to include only the amount actually due, but by some mistake or miscalculation the note was taken for a stated greater sum than was due, and that by oversight the defendant did not discover the mistake at the time of the execution of the note. Held, that all prior negotiations were merged into the note, and no such allegations of…