Zapf Realty Co. v. Brown
Court of Appeals of Georgia
Action for money had and received; from city court of Sanders-ville — Judge Jordan. October 2, 1920. Application for certiorari was denied by the Supreme Court. The contentions of the parties were stated in the charge of the court as follows: “J. A. Brown has brought an action against the Zapf Realty Company; he sues for money, having a receipt.
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Action for money had and received; from city court of Sanders-ville — Judge Jordan. October 2, 1920. Application for certiorari was denied by the Supreme Court. The contentions of the parties were stated in the charge of the court as follows: “J. A. Brown has brought an action against the Zapf Realty Company; he sues for money, having a receipt. The plaintiff alleges in 1919, in August, he deposited with the Zapf Realty Company the sum of $514, to be applied to the purchase price of a certain tract of land, provided the title to the 'land was merchantable, or provided the owner of the land…
1Opinion of the CourtLuke, J.
The plaintiff’s petition substantially alleged, that the defendant was in possession of $514 belonging to plaintiff, which the defendant was in equity and good conscience bound to repay him on an implied promise so to do; that on March 1, 1919, the plaintiff, through the defendant, entered into a contract with one Cobb, whereby he agreed to purchase from Cobb described lands; that the plaintiff then and there deposited with the defendant $514 to bind a sale until January 1, 1920; that the said contract provided that the plaintiff should have a certain time to examine *448the title to the land,…
2Cases cited2 opinions
- Whitehead v. PeckSupreme Court of Georgia · 1846
- Knight v. RobertsCourt of Appeals of Georgia · 1916
3Cited by17 opinions
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- Kenney v. WaldenCourt of Appeals of Georgia · 1922
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- Fain v. NealCourt of Appeals of Georgia · 1958
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