Legal Opinion

Sapp v. Faircloth

Supreme Court of Georgia

Decided March 20, 1883PublishedCited by 5 opinions

Debtor and Creditor. Substitution. Statute of Frauds. Charge of Court. Before Judge Bower. Mitchell Superior Court. November Term, 1882. Reported in the decision.

1Opinion of the Court

Crawford, .Justice..

The facts material to an understanding of this case are, that Jos. H. Spence sold to Faircloth, the defendant in error, certain lands for $500, and in part payment thereof Faircloth gave him his note for $300, which Spence indorsed and transferred before due to Welch & Bacon. Spence’s title to the land sold not being perfect, and Faircloth’s note having been traded and sued, Spence agreed with Faircloth to pay two-thirds of the principal and interest on the debt, and leave him to pay only one-third thereof.

Spence also sold certain other lands to John G. Sapp, the plaintiff…

2Cases cited2 opinions

  1. Anderson v. Whitehead, Eggleston & Co.Supreme Court of Georgia · 1875
  2. Edenfield v. CanadySupreme Court of Georgia · 1878

3Cited by5 opinions

  1. Palmetto Mfg. Co. v. Parker & AndersonSupreme Court of Georgia · 1905
  2. Crawford v. StateSupreme Court of Georgia · 1903
  3. Hicks v. WalkerCourt of Appeals of Georgia · 1915
  4. Williams & Co. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1912
  5. Fuller v. HolsombackCourt of Appeals of Georgia · 1931

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