15 Ga. App. 38 | Ga. Ct. App. | 1914
1. Where a contract of rental is reduced to writing and properly signed, parol. evidence as to the terms of the written instrument is inadmissible, where it appears that the contract has not been lost or destroyed, but'is actually in court under a notice from the opposite party to produce it as evidence.
3. Where, with the consent of the landlord and at the instance of the 'other party to a written contract of rental, the contract is surrendered and cancelled, and, in lieu of it, a new contract of rental, signed by another party, is substituted, the fact that the original contract was executed would not establish the relation of landlord and tenant between the parties to the original contract, though it might illustrate the transaction and serve to corroborate other positive evidence, if such evidence has been presented.
4. To overcome direct and positive evidence, the law requires something more than a strong suspicion as to the true facts of the case; and since the verdict in this case was not sustained by the evidence, the judge of the superior court erred in overruling the certiorari.
Judgment reversed.