MOONEY v. BOYD

34084.

86 Ga. App. 369 (1952)

71 S.E.2d 685

MOONEY v. BOYD.

Court of Appeals of Georgia.

Decided July 1, 1952.


Attorney(s) appearing for the Case

Dunaway, Howard & Embry, Joseph W. Parris, for plaintiff in error.

Grant, Wiggins, Grizzard & Smith, contra.


TOWNSEND, J.

(After stating the foregoing facts.) 1. Code § 38-501 provides as follows: "Parol contemporaneous evidence is inadmissible generally to contradict or vary the terms of a valid written instrument." The contract here, which is absolute and complete upon its face, provides in unambiguous terms that the plaintiff is liable to the defendant for his broker's commission, to be taken out of the earnest money paid over to him, unless the seller fails to furnish...

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