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Cochran v. Carter
35 Ga. App. 286
Ga. Ct. App.
1926
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Bell, J.

1. In a suit upon a written contract, in which the sole ground of defense was that the writing did not express the true agreement between the parties, where the defendant’s answer alleged that the defendant executed the contract without reading it, but failed to. show that he could not read and was for that reason imposed upon, or that the contract was signed under some emergency which exbused the failure to read, or that such failure was brought about by the fraud or artifice of the opposite party, the answer set forth no valid defense, and was properly stricken. Widincamp v. Patterson, 33 Ga. App. 483 (2) (127 S. E. 158), and cases cited.

2. The defendant’s answer having been properly stricken, the suit was then in default, and it being one in which the amount of the plaintiff’s claim was liquidated, the plaintiff was entitled to take a verdict as if each and every allegation of the petition had been proved by evidence. Civil Code (1910), §§ 5539, 5662; Pape v. Woolford Realty Co., 35 Ga. App. 284 (6) (134 S. E. 174).

Judgment affirmed.

Jenkins, P. J., and Stephens, J., eoneur.

Case Details

Case Name: Cochran v. Carter
Court Name: Court of Appeals of Georgia
Date Published: Apr 20, 1926
Citation: 35 Ga. App. 286
Docket Number: 16716
Court Abbreviation: Ga. Ct. App.
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