Southern Bell Telephone & Telegraph Co. v. Smith
Supreme Court of Georgia
Trespass. Before Judge Rawlings. Jefferson superior court. August 29, 1906. Smith sued the telephone company for damages resulting from the company having cut a wire fence around his premises at the time its line was being constructed.
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Trespass. Before Judge Rawlings. Jefferson superior court. August 29, 1906. Smith sued the telephone company for damages resulting from the company having cut a wire fence around his premises at the time its line was being constructed. The defendant pleaded a release, which was as follows: “Right of Way. — J. W. Deam. $20. Received of Southern Bell Telephone & Telegraph Company twenty — 00/100 dollars, in consideration of which I hereby grant unto said company, its successors and assigns, the right, privilege, and authority to construct, operate, and maintain its lines of telephone and…
1Opinion of the CourtAtkinson, J.
This case depends upon whether the paper .signed by the plaintiff was a mere receipt for money or a contract between the parties containing stipulations binding upon the signer. If -it were a mere receipt, parol evidence was admissible. If it was a contract, parol evidence was not admissible to vary any of the terms of the writing. Omitting those portions of the paper not material to the present discussion, the paper would read as follows: “Beceived of Southern Bell Telephone & Telegraph •Company $20, in consideration of which I hereby grant unto said company, its successors and assigns, the…
2Cases cited1 opinion
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
3Cited by22 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Menendez v. Perishable Distributors, Inc.Supreme Court of Georgia · 1985
- Wheat v. MontgomeryCourt of Appeals of Georgia · 1973
- Millender v. LooperCourt of Appeals of Georgia · 1950
- Owens v. Service Fire InsuranceCourt of Appeals of Georgia · 1954
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