Stacer v. Ehrlich
Court of Appeals of Georgia
Complaint; from city court of Swainsboro—Judge Kirkland. August 39, 1917.
1Opinion of the CourtJenkins, J.
Where one deliberately sign's a promissory note for a stated sum, without informing himself, as to the correctness of the amount named, but relies upon the promise of the other party to the contract that it would be revised so as to correct errors, the maker will not be heard to contradict the written instrument by setting up such parol understanding in opposition thereto. The terms of the writing can not be defeated upon the ground of mistake made at the time the instrument was executed, when it thus appears that it was not even the intention of the signer that the settlement was to be…
2Cases cited3 opinions
- Dyar v. Walton, Whann & Co.Supreme Court of Georgia · 1887
- Brack v. Brantley Co.Supreme Court of Georgia · 1910
- Wilson v. BushCourt of Appeals of Georgia · 1918
3Cited by2 opinions
- Moore v. Flowers Lumber Co.Court of Appeals of Georgia · 1926
- Virginia-Carolina Chemical Corp. v. FullerDistrict Court, N.D. Georgia · 1940