99 Ga. 132 | Ga. | 1896
1. Where one executed and delivered to another several promissory notes, and after a number of partial payments had been made and credited upon the same the notes were lost, and thereupon the debtor paid to the creditor $329, and the parties entered into a written agreement reciting that the creditor claimed that there was still due upon the notes $500, while the debtor claimed that only $187 remained due thereon, and stipulating that if the notes were found and showed a greater sum than $329 to be due thereon, the debtor was to pay the difference between the latter amount and $500, but if they showed a lesser sum to be due upon them than $329, the creditor was to refund the excess: Held, that this was not an accord and satisfaction of the original notes, the same 'having been afterwards found, and it appearing that even after allowing the debtor credit for the $329, a considerable balance was still due upon one of the notes.
¡2. It having been shown by parol evidence, which was admitted without objection, that* the real meaning of the contract was that the payment of $329 was to be a full settlement of the notes
3. The evidence warranted the verdict and there was no error of law. Judgment affirmed.