Reams v. Thompson
Court of Appeals of Georgia
Complaint, from city court of Atlanta — Judge Beid. June 19, 1908. Mrs. Thompson sued Mrs. Beams on a series of notes, which on their faces were negotiable, and which, according to their terms, were past due. In the notes it is expressly stipulated, that as to the maturity of the notes, time is of the essence, and that if as many as three of the notes should be due and remain unpaid for as much as thirty days, the entire series should therefrom become due at once.
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Complaint, from city court of Atlanta — Judge Beid. June 19, 1908. Mrs. Thompson sued Mrs. Beams on a series of notes, which on their faces were negotiable, and which, according to their terms, were past due. In the notes it is expressly stipulated, that as to the maturity of the notes, time is of the essence, and that if as many as three of the notes should be due and remain unpaid for as much as thirty days, the entire series should therefrom become due at once. Mrs. Beams filed a plea, in which she recited a parol contemporaneous agreement, made on an alleged consideration of $150, in…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The plea, so far as it related to the alleged agreement made at the time the notes were executed, was a direct, unmasked attempt •to vary the express terms of a written contract by a parol contemporaneous agreement. The fact that there was consideration for this parol agreement does not render the rule forbidding such contradiction of a written contract any the less applicable. The express terms of a written instrument are not to be varied by proof of a parol contemporaneous contract, any more than they are to be varied by proof of a parol…
2Cases cited4 opinions
- Patterson v. Ramspeck & GreenSupreme Court of Georgia · 1888
- Denham v. WalkerSupreme Court of Georgia · 1893
- Dooley v. GormanSupreme Court of Georgia · 1898
- Jones v. TaylorCourt of Appeals of Georgia · 1908
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- Elyea-Austell Co. v. Jackson GarageCourt of Appeals of Georgia · 1913
- North Georgia Lumber Co. v. LawsonCourt of Appeals of Georgia · 1929
- Talley v. MatthewsCourt of Appeals of Georgia · 1919
- Head v. Waycross Coca-Cola Bottling Co.Court of Appeals of Georgia · 1933