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4 Ga. App. 35

Wilcox v. Sargeant

Court of Appeals of Georgia

Decided March 16, 1908

Court of Appeals of Georgia · decided 1908-03-16

<p>Appeal, from Wilcox superior court — Judge Whipple. November 9, 1907.</p>

Relies on Ellis v. United States Fertilizing & Chemical Co. · 3 Ga. App. 93 - Cochran v. Holleman

Decided 1908-03-16

Russell, J.

¶11. The fact that the evidence would have authorized a larger recovery in behalf of the prevailing party in a case than the amount of the verdict affords no ground of complaint to his adversary. Gilmore v. Taylor, 3 Ga. App. 93 (59 S. E. 325); Ellis v. U. S. Fert. Co., 64 Ga. 571.

¶22. The rule that parol evidence is inadmissible to vary the terms of a written contract is not violated by the admission of parol testimony to the effect that a certain payment was made upon a different purchase than that mentioned in the bond for title.

¶33. There was no error in refusing a new trial, where the controlling issue of fact (as to whether a payment, alleged to have been made by the plaintiff, was a penalty or a forfeiture, or a partial payment on a purchase) was fairly submitted to the jury, and where evidence was submitted showing that it was a payment on a contract of sale which the defendant had failed to carry out, as well as evidence that it was a payment on a different transaction, in which the defendant had complied with all of his obligations. - Judgment affirmed.

Appeal, from Wilcox superior court — Judge Whipple. November 9, 1907.Submitted September 4, 1907,Decided March 16, 1908.Hal Lawson, for plaintiff in error.Max M. Land, Walter F. Hall, contra.
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