Supreme Court of Georgia, 1899

Bluthenthal & Bickart v. Case

Bluthenthal & Bickart v. Case
Supreme Court of Georgia · Decided July 28, 1899 · Lumpkin
108 Ga. 810; 33 S.E. 996; 1899 Ga. LEXIS 461

Bluthenthal & Bickart v. Case

Opinion of the Court

Lumpkin, P. J.

1. Although error may have been committed in admitting parol evidence of an alleged oral agreement made contemporaneously with the execution of, but not embraced in, the writings evidencing the contract, yet as such an agreement was proved by admissions in writing subsequently made by the party sought to be charged therewith, and *811there was no attempt either to deny or to overcome, by explanation or otherwise, the legal effect of such admissions, the error was harmless and not cause for a new trial.

Argued June 15, Decided July 28, 1899.Complaint. Before Judge Fite. Dade superior court. March term, 1898.Shumate & Maddox, Jacoway & Jacoway, and Slaton & Phillips, for plaintiffs. R. J. & J. McCamy, for defendant.

2. The verdict in the present case was fully authorized, if not demanded, by the evidence. Judgment affirmed,.

All the Justices concurring.

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