KISER v. GODWIN

35171.

90 Ga. App. 825 (1954)

84 S.E.2d 474

KISER et al., executors, v. GODWIN.

Court of Appeals of Georgia.

Decided October 14, 1954.


Attorney(s) appearing for the Case

Heyman & Abram, for plaintiffs in error.

Wright Gellerstedt, Candler, Cox, McClain & Andrews, contra.


NICHOLS, J.

To show that the court erred in sustaining a demurrer to their petition, the executors contend: (1) that Godwin's letter of March 31 and the contract of sale of April 2 are contemporaneous writings relating to the same transaction, which demonstrate, when construed together, that the contract of sale was made in consideration of the agreement contained in the letter; and (2) that the agreement of March 31 was a distinct, collateral agreement not inconsistent...

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