WHITE v. CATES REALTY COMPANY

46667.

125 Ga. App. 129 (1971)

186 S.E.2d 591

WHITE v. CATES REALTY COMPANY.

Court of Appeals of Georgia.

Decided December 1, 1971.


Attorney(s) appearing for the Case

Hilliard & Head, H. Garland Head, III, for appellant.

Carnes & White, James A. White, Jr., for appellee.


QUILLIAN, Judge.

The appellee filed a claim against the appellant on an unconditional promissory note. The appellant filed an answer in which he alleged: (1) that there was a failure of consideration; (2) that the payment of the note was conditional. Held:

1. "It is true, of course, that the maker of a note when sued, has the right to show by parol, if he can, a want or failure of consideration, but he will not be allowed to prove that his obligation...

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