Ozmore v. Coram
Supreme Court of Georgia
Action for breach of contract. Before J. D. Rambo, judge pro hac vice. Clay superior court. June 10, 1908. In 1902 the parties “entered into the following agreement: that the said Coram of the first part has this day sold to the said Oz-more of the second part 250 acres of land [described] on the following conditions: that the said G. W. Coram of the first part agrees to take six hundred dollars cash for said land, and agrees to run any unpaid amt. at 10% per annum, and the…
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Action for breach of contract. Before J. D. Rambo, judge pro hac vice. Clay superior court. June 10, 1908. In 1902 the parties “entered into the following agreement: that the said Coram of the first part has this day sold to the said Oz-more of the second part 250 acres of land [described] on the following conditions: that the said G. W. Coram of the first part agrees to take six hundred dollars cash for said land, and agrees to run any unpaid amt. at 10% per annum, and the said G. W. Coram of the first part agrees that upon the payment of the above principal and interest to make the said W.…
1Opinion of the CourtBeck, J.
1. The parties to this ease having reduced' to writing their agreement for the sale of the property in controversy, the oral negotiations antecedent thereto were merged in the writing; consequently the portions of the defendant’s answer contained in paragraphs 4, 5, and 6 of the answer, setting up as defense matter embraced merely in oral agreements and negotiations prior to the writing, which were necessarily merged therein, should have been stricken upon demurrer.
2. The court erred, also, in refusing to strike, upon demurrer, paragraph 12 of the answer, on the ground that it did not set…
2Cases cited1 opinion
- Irvin v. MathewsSupreme Court of Georgia · 1885
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- Ford v. Serenado Manufacturing Co.Court of Appeals of Georgia · 1921
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