Opinion
54681.
SUBMITTED OCTOBER 12, 1977.
DECIDED JANUARY 5, 1978.
Action on contract. Gwinnett State Court. Before Judge Cheely.
Cobb, Blandford Werbin, Bobby L. Cobb, James B. Walton, for appellant.
Webb, Fowler Tanner, Jones Webb, J. L. Edmondson, for appellee.
This suit was brought by the appellant for breach of a contract for the sale of an automobile. The trial court heard the case sitting without a jury and rendered a verdict for the appellee. This appeal followed.
1. "Where in a contract for the sale of an automobile the time of delivery is not fixed otherwise than by a stipulation that the automobile will be delivered `as early as possible,' parol evidence is admissible to explain the meaning of the term `as early as possible,' as it was understood by the contracting parties at the time of making the contract, and testimony on this point is not subject to the objection that it tends to vary the terms of the written instrument." Steinhauer Wight, Inc. v. Thompson, 16 Ga. App. 470 ( 85 S.E. 677) (1915). See Marsh v. Baird, 203 Ga. 819 (3) ( 48 S.E.2d 529) (1948).
2. The trial judge found from the evidence that the appellant had not supplied the appellee with the vehicle specified in the contract within the time agreed upon. There was evidence to support this finding; and, accordingly, it will not be disturbed on appeal. See McElroy v. Williams Bros. Motors, Inc., 104 Ga. App. 435 (1) ( 121 S.E.2d 917) (1961); Lewis v. Am. Road Ins. Co., 119 Ga. App. 507, 511 ( 167 S.E.2d 729) (1969); Dowling v. Jones-Logan Co., 123 Ga. App. 380 ( 181 S.E.2d 75) (1971).
Judgment affirmed. Shulman and Birdsong, JJ., concur.