Black v. Maddox
Supreme Court of Georgia
Equitable petition. Before Judge Henry. Floyd superior court. January term, 1897. The petition of James L. Black against B. B., J. H., M. 0., and A. E. Maddox, residents of Floyd county, and against E. Willis and E. E. Saylor, non-residents of the State, was dismissed upon demurrer.
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Equitable petition. Before Judge Henry. Floyd superior court. January term, 1897. The petition of James L. Black against B. B., J. H., M. 0., and A. E. Maddox, residents of Floyd county, and against E. Willis and E. E. Saylor, non-residents of the State, was dismissed upon demurrer. The Maddoxes, who were owners of a certain lot of land in Floyd county, had executed the contract which is set out in the opinion, and under which the plaintiff, with the consent of defendants, went upon the land and has since continuously worked thereon to locate and develop the minerals ; he has expended some…
1Opinion of the CourtLittle, J.
The question raised by the demurrer in this case must find its solution in the determination of the questions, whether the instrument executed by the Messrs. Maddox in favor of Elias H. Kerce, and duly assigned by the latter to the plaintiff, constitutes a valid and binding contract, and, if so, whether the plaintiff is entitled to have the same specifically enforced on the part of the Messrs. Maddox, and is entitled also to the relief prayed for against the other defendants, Willis and Saylor. The instrument which constituted the alleged contract upon which the plaintiff, as assignee,…
2Cases cited14 opinions
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- De Rutte v. MuldrowCalifornia Supreme Court · 1860
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