Kerley v. Richardson
Supreme Court of Georgia
In Equity, in Polk Superior Court. Tried before Judge Tripes, March Term, 1855. 1 /The facts in this case were, that Kerley had given a bond for titles assigned to Richardson, dated October 9th, 1838, to make good titles to a tract of land embracing many contiguous lots; the titles to be made by December 25tb, 1839, or on the payment of the last instalment of the purchase money.. Richardson was put into possession of all the land in 1838 of 1839, and has so continued.
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In Equity, in Polk Superior Court. Tried before Judge Tripes, March Term, 1855. 1 /The facts in this case were, that Kerley had given a bond for titles assigned to Richardson, dated October 9th, 1838, to make good titles to a tract of land embracing many contiguous lots; the titles to be made by December 25tb, 1839, or on the payment of the last instalment of the purchase money.. Richardson was put into possession of all the land in 1838 of 1839, and has so continued. Titles had been made to all the lots except one, No. 796, 2d district, 4th section, to which Kerley had a conveyance from the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The only question in this case is, what was the measure of ■damages which Kerley was liable to pay for failing to comply with the condition in his bond, that he would “make or cause-to be made” to Harper or his order, good “titles” to lot of land No. 796, in the 2d district and fourth section ?
The Court below held that measure to be, the value .of the land at the time when the title should have been made.
*606If the outstanding right or interest in the State of Georgia, which constituted the breach of this condition in the bond, was an…
2Cited by6 opinions
- English v. EnglishSupreme Court of Georgia · 1882
- Mitchell v. OwenSupreme Court of Georgia · 1925
- Martin v. HamletSupreme Court of Georgia · 1924
- West v. LeeCourt of Appeals of Georgia · 1938
- Fernander v. DunnSupreme Court of Georgia · 1856
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