152 Ga. 621 | Ga. | 1922
(After stating the foregoing, facts). The note which was executed by Stokes, the plaintiff in error, to Humphries for $10,000, and the bond for title which Humphries then executed and delivered to Stokes, taken together, constituted a single contract in writing. While Stokes did not sign the bond for title, he did sign the note; and before he could have the right to submit oral evidence to vary or contradict the terms of the contract as contained in the writing, it would be necessary for him to show that the contract was obtained by fraud or executed by mistake relievable in equity. The two papers constituting one written contract, the maker of the note, who was the obligee in the bond, could not vary or contradict the terms’ of the bond so as to enlarge his rights or diminish his liabilities, without showing fraud upon
It follows from what we have said, that the judgment sustaining the demurrer and dismissing the case must be affirmed.
Judgment affirmed.