132 Ga. 242 | Ga. | 1909
(After stating the facts.) The original contract, being for the sale of cattle to the amount of more than fifty dollars, to be binding, was required by the statute of frauds to be in writing. Civil Code, §2693 (7). It was in writing. In Augusta Southern Railroad Co. v. Smith, 106 Ga. 864 (33 S. E. 28), it was held: “A contract which must, under the statute of frauds, be in writing, and which, accordingly, is put in writing and duly executed, can not be subquently modified by a parol agreelnent.” Hnder this ruling, it would seem to inevitably follow, in the present case, that the parol agreement between Fields and Cox, made after the execution of the original contract, even taking Cox’s version of it to be true, was not binding on Fields, and, therefore,would not operate to discharge Willis, who was surety for Cox
Judgment affirmed.