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Lovell v. Georgia Trust Bank

The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff bank's alleged oral promise to work with the defendant in the event of default was inconsistent with the note.

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Georgia Trust Bank sued Virgil E. Lovell to recover the principal and interest due on a promissory note the “Note”, along with contractual and statutory attorney fees and expenses Georgia Trust filed a motion for summary judgment. Lovell responded, contending that Georgia Trust failed to work with him on the loan pursuant to the parties’ oral agreement. Lovell also filed a motion to compel the production of documents in support of his affirmative defenses of estoppel and waiver. The trial court held a hearing on Lovell’s motion to compel and on Georgia Trust’s motion for summary judgment. The trial court denied the motion to compel and granted Georgia Trust’s motion for summary judgment.

Lovell appeals from that order, contending that 1 the trial court erred in denying the Motion to Compel, and finding that the parole evidence rule barred admission of documents sought under that motion; 2 the trial court erred in granting Georgia Trust’s motion for summary judgment, and in finding that Georgia Trust’s oral promise to work with Lovell was inconsistent with the written terms of the Note; and 3 the trial court erred in finding that Lovell did not establish an affirmative defense. Finding no error, we affirm.

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