Reese v. Strickland
| Decision Date | 15 May 1895 |
| Citation | 22 S.E. 323,96 Ga. 784 |
| Parties | REESE v. STRICKLAND. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. Although, where "a contract or cause of action" has been reduced to writing, its terms cannot be varied by parol contemporaneous evidence, yet where suit was brought thereon, and the defense in part was failure of consideration, and there was some evidence to support the same, it was error for the court to charge that "parol evidence cannot be introduced to attack it [the contract or cause of action] in any way, unless said writing is first overthrown by proof of fraud, accident, or mistake." To vary the terms of the contract, and to attack the plaintiff's cause of action thereon by pleading and proving failure of consideration, are altogether different things.
2. Assuming that the magistrate charged the jury as alleged in the traverse to his answer, which traverse was found true, the superior court did not err in holding that this charge was erroneous, nor in sustaining the certiorari because of the error therein committed.
Error from superior court, Carroll county; S.W. Harris, Judge.
Action by Oscar Reese against W. W. Strickland on a promissory note. Plaintiff had judgment, and defendant brought certiorari to the superior court. From a judgment for defendant on the certiorari, plaintiff brings error. Brought forward from the last term. Code, §§ 4271a-4271c. Affirmed.
Adamson & Jackson, S.E. Grow, W. F. Brown, and Oscar Reese, for plaintiff in error.
Cobb & Bro., for defendant in error.
Judgment affirmed.
To continue reading
Request your trial
-
Southard v. Ark. Valley & W. Ry. Co.
...case at bar the contracted consideration is set out, and the foregoing case is therefore not in point. ¶5 In the case of Reese v. Strickland, 96 Ga. 784, 22 S.E. 323, the lower court charged the jury that: "Written evidence is of higher character than oral. Where the parties have reduced th......
-
Southard v. Arkansas Valley & W. Ry. Co.
... ... contracted consideration is set out,' and the foregoing ... case is therefore not in point ... In the ... case of Reese v. Strickland, 96 Ga. 784, 22 S.E ... 323, the lower court charged the jury that: "Written ... evidence is of higher character than oral. Where ... ...
-
Ramsey-Fender Motor Co. v. Chapman
... ... not change the contract, but simply voids ... the contract. See, in this connection, Aultman v ... Mason, 83 Ga. 212, 219, 9 S.E. 536; Reese v ... Strickland, 96 Ga. 784 (1), 22 S.E. 323; Byrd & Co ... v. Marietta Fertilizer Co., 127 Ga. 30, 33, 56 S.E. 86 ... It is ... ...
-
Ramsey-fender Motor Co v. Chapman
...the contract, but simply voids the contract. See, in this connection, Aultman v. Mason, 83 Ga. 212, 219, 9 S. E. 536; Reese v. Strickland, 96 Ga. 784 (1), 22 S. E. 323; Byrd & Co. v. Marietta Fertilizer Co., 127 Ga. 30, 33, 56 S. E. 86. It is true enough that the note and contemporaneous ag......