Lyon v. Patterson , 138 Ga. App. 816 ( 1976 )

On Motion for Rehearing.

In appellee’s motion for rehearing, it is urged that plaintiff failed to timely object to the introduction of the parol evidence, thereby waiving the objection and precluding review of the issue by this court. A determination as to the timeliness of plaintiffs objections is unnecessary, however, since parol evidence, by its nature is incompetent and without probative value to alter the terms or conditions of a written contract. "[The parol evidence] rule fixes the finality of a written contract which is unmixed with fraud respecting the subject-matter. It is moreover a rule of substantive law, and though parol evidence be erroneously admitted without objection it is without probative value to vary terms of a written contract. [Cit.]” Cooper v. Vaughan, 81 Ga. App. 330, 337 (58 SE2d 453). Accord, Cleghorn v. Shields, 165 Ga. 362 (2) (141 SE 55); Almon v. R. H. Macy & Co., 106 Ga. App. 123, 125 (126 SE2d 641); General Acceptance Corporation v. Nix Ford, Inc., 107 Ga. App. 32, 33 (129 SE2d 202); P. & O. Machine Works, Inc. v. Pollard, 115 Ga. App. 96 (153 SE2d 631); Claxton v. Pullman, Inc., 116 Ga. App. 416, 418 (157 SE2d 642); Waters v. Lanier, 116 Ga. App. 471, 474 (157 SE2d 796); Romines v. Wagstaff Motor Co., 120 Ga. App. 608, 610 (171 SE2d 752).

The parol evidence, being without probative value, was ineffectual to establish the alleged condition precedent and should not have been considered in ruling on the directed verdict motions. Accordingly, the evidence demanded a verdict in favor of the plaintiff.

Motion for rehearing denied.