Murphy v. Lawrence
Supreme Court of Georgia
Special demurrer, and amendment of the declaration allowed. From Troup Superior Court. Judge Hill presiding. Term, 1847. For the questions made and determined, see the opinion of the Supreme Court.
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
The contract set out in the plaintiff's declaration in the Court below is to the following effect. The defendant agreed with the plaintiff to gather the peaches then ripening in his orchard, to carry them, to his still, to make them into brandy and return to the plaintiff one third of the brandy distilled from them, in good casks, at his own expense—the defendant, to use the language of the agreement, was “ by no means to neglect or fail to carry away said peaches and to distil them, provided lie run two stills, and to still them if he could do so…
2Cases cited3 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Moor v. BoswellMassachusetts Supreme Judicial Court · 1809
3Cited by12 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Florida State Hospital for the Insane v. Durham Iron Co.Supreme Court of Georgia · 1942
- Woodmen of the World Life Insurance Society v. EtheridgeSupreme Court of Georgia · 1967
- Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964
- Nance v. DanielSupreme Court of Georgia · 1936
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