2021 Georgia Code
Title 24 - Evidence
Chapter 3 - Parol Evidence
§ 24-3-3. Contemporaneous Writings Explaining Each Other; Parol Evidence Explaining Ambiguities

1. All contemporaneous writings shall be admissible to explain each other.
2. Parol evidence shall be admissible to explain all ambiguities, both latent and patent.

(Code 1981, §24-3-3, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- For article, "Supplementing Written Agreements: Restating the Parol Evidence Rule in Terms of Credibility and Relative Fault," see 34 Emory L.J. 93 (1985).

ANALYSIS

• General Consideration
• Writings Explaining Each Other
• Writings in Real Estate Transactions

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, §§ 329 et seq., 350, 356. 29A Am. Jur. 2d, Evidence, § 1145 et seq.

- 32A C.J.S., Evidence, §§ 1207, 1221, 1246, 1248, 1265, 1266.

- Admissibility of parol evidence as to amount of commodity specified in written contract of sale, 8 A.L.R. 747.

Parol evidence as to whether one whose name appears on the face of a note signed as a witness or as maker, 15 A.L.R. 197.

Parol evidence rule as applied to lease, 25 A.L.R. 787; 88 A.L.R. 1380; 151 A.L.R. 279.

Admissibility of parol evidence to explain ambiguity in description of land in deed or mortgage, 68 A.L.R. 4.

"Contractual" consideration as regards parol evidence rule, 100 A.L.R. 17.

Admissibility of parol evidence to show whether particular word or phrase was intended to connote a chattel mortgage or conditional sale, 101 A.L.R. 625.

Rule that latent ambiguities may be explained by parol evidence but that patent ambiguities may not, 102 A.L.R. 287.

Admissibility of oral or extrinsic evidence on question of liability on bill of exchange, promissory note, or other contract where signature is followed by word or abbreviation which may be either descriptive or indicative of contracting character, 113 A.L.R. 1364.

Election by beneficiary to take under or against will as predictable upon initiation of, or participation in, court proceedings, 166 A.L.R. 316.

Extrinsic evidence regarding character and size of trees contemplated by written timber contract or lease, 173 A.L.R. 518.

Parol evidence to show duration of written contract for support or maintenance, 14 A.L.R.2d 897.

Admissibility of parol evidence to connect signed and unsigned documents relied upon as memorandum to satisfy statute of frauds, 81 A.L.R.2d 991.

Wills: admissibility of extrinsic evidence to determine whether fee or absolute interest, or only estate for life or years, was given, 21 A.L.R.3d 778.

The parol evidence rule and admissibility of extrinsic evidence to establish and clarify ambiguity in written contract, 40 A.L.R.3d 1384.

Admissibility of parol evidence to show whether guaranty of corporation's obligation was signed in officer's representative or individual capacity, 70 A.L.R.3d 1276.