112 Ga. 319 | Ga. | 1900
The Walton Guano Company sued Copelan in the ■county - court, and the case was carried by appeal to the superior court. The action was on a promissory note in which it was stip
In Chicago Co. v. Summerour, 101 Ga. 820, the facts relied on for the purpose of avoiding the effect of a written instrument which had been signed without reading it were very similar to those in the present case. There the defendant testified: “At the time I signed the paper I had it in my own hands, folded as above stated. There was nothing to keep me from reading it, if I had wished to do so, or had thought it necessary. I thought Bowman would do what he promised, or I would not have had anything to have done with him.” It was held that as the defendant negligently omitted to take such precautions as would reasonably have served to protect him against the imposition claimed to have been practiced upon him, he was bound by the contract as executed. In the present case there were no misrepresentations made by the agent of the plaintiff at the time the note was signed. There was no trick or device by which the defendant was induced to sign the paper. He had full opportunity to read the samé, and nothing done by the
In Chapman v. Guano Co., 91 Ga. 821, the plea alleged that the real contract between the parties was for the payment of $53.10, and that the contract as drawn provided for the payment of $90.20; that the defendant signed the contract without reading it, but that the signing was done at night when the defendant could not well see, and he was informed by the plaintiff’s agent that it represented
Judgment reversed.