Carr v. Louisville & Nashville Railroad
Supreme Court of Georgia
Action for breach of contract. Before Judge James B. Park. Hancock superior court. September 23, 1912. Mrs. Dorcas Ann Carr and Mrs. Anna Thornton, as the executrixes' of the last will and testament of J. D. Carr, brought suit against the Louisville and Nashville Railroad Company and the Atlantic Coast Line Bailroad Company, as lessees of the Georgia Bailroad and Banking Company, to recover the sum of $1,750, for a breach of the following contract, alleged to have been…
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Action for breach of contract. Before Judge James B. Park. Hancock superior court. September 23, 1912. Mrs. Dorcas Ann Carr and Mrs. Anna Thornton, as the executrixes' of the last will and testament of J. D. Carr, brought suit against the Louisville and Nashville Railroad Company and the Atlantic Coast Line Bailroad Company, as lessees of the Georgia Bailroad and Banking Company, to recover the sum of $1,750, for a breach of the following contract, alleged to have been entered into between J. D. Carr, before his death, and the Georgia Bailroad and Banking Company, to wit: "State of Georgia,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The case turns upon the question whether the contract is sufficiently definite to be enforced by‘the widow and daughter of J. D. Carr. The contract is on its face void for uncertainty as against the plaintiffs. It does not even purport to be signed by the Georgia Eailroad and Banking Company or any one authorized by it. Plaintiffs offered to amend the petition by alleging that the “contract was executed on behalf of the defendants by T. K. Scott, and that when the said Scott signed the same he did so as the agent and manager of the defendants,” and that…
2Cited by23 opinions
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