Opinion
(Filed 28 May, 1918.)
Contracts — Parol Evidence — New Agreement.
APPEAL by defendant from judgment rendered at March Term 1918 of SWAIN, Lane, J., presiding.
Alley Leatherwood for plaintiff.
M. W. Bell for defendant.
Action for damage by loss of logs. The case is exactly like Summer v. same defendant, decided at this term. The plaintiff did not propose to contradict, add to or vary the written contract, but to show a later and fresh agreement as to how the logs should be delivered. The two cases are not distinguishable, and the controlling principles are stated in the Summer case, with the authorities sustaining them, and there was no error upon the issue as to the damages.
No error.