24 Ga. App. 595 | Ga. Ct. App. | 1919
Watkins sued Hensley on a promissory note for $150 which by its terms was conditioned upon the consummation of a sale by Watkins for Hensley to Scott of certain lands belonging to Hensley for the sum of $450. The defendant pleaded failure of consideration in that the sale referred to had not been effected by the plaintiff. He sought to establish by parol the existence of a disputed contemporaneous written agreement whereby it had been agreed that the sale was required to be effected not later than the month of June, 1909, whereas the defendant contended that in point of fact a sale of the land was not effected until after the expiration of that time, and then to a different party, and without the aid or assistance of the plaintiff. The evidence of the defendant himself showed, however, that when the note sued on was signed, the plaintiff delivered to the defendant a $500 bond of the Cartecay Iron Company, with the understanding that “it was to make the Scott purchase go through.” The defendant admitted that he continued to hold the bond and to collect the interest thereon until he had received the entire purchase-price of the land,
Judgment affirmed.