81 Ga. 297 | Ga. | 1888
Coleman & Ray sued Wilson for failing to deliver.to them three car-loads of Texas rust-proof oats, which, they alleged, they had purchased from Wilson, and which he had agreed to deliver to them at a specified time. A recovery was had by the plaintiffs, and the defendant moved for a new trial, which was refused, and he excepted.
We think this testimony was admissible. While, under the statute of frauds, an agreement of this character, in order to be binding on the promiser, must be in writing, the value of the goods sold being over fifty dollars, (code §1950,) yet we think an ambiguity of this sort in the writing may be explained by parol. At common law a patent ambiguity could not be explained by parol; but under our code, “ parol evidence is admissible to explain all ambiguities, both latent and patent.” Code, §3801. This question was fully discussed in the case of Mohr vs. Dillon, decided at the present term of this court. 80 Ga. 572.