Oliver v. Oliver
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. December 17, 1902. The petition was against John Oliver and the Gate City Oil Company. These facts appear from it: John Oliver is a brother of the petitioners. He resides in Georgia, where the defendant company has its principal place of business-, and they reside in New York.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. December 17, 1902. The petition was against John Oliver and the Gate City Oil Company. These facts appear from it: John Oliver is a brother of the petitioners. He resides in Georgia, where the defendant company has its principal place of business-, and they reside in New York. For a number of years all the brothers have been engaged together in various business enterprises in different parts of the country, and in all their enterprises their plan has been that each brother should be interested to the same extent as each of the…
1Opinion of the CourtLamar, J.
Courts are created for the enforcement of civil contracts, and are powerless to relieve against hard bargains, unless authorized so to do by some rule of civil law. From the very nature of their constitution, they must accommodate themselves to the general transactions of mankind; they can not put parties upon an equality which does not in fact exist; they can not deprive one of the advantage which superior judgment, greater skill, or wider information may give; nor can they be expected to enter upon an inquiry as to how the parties would have traded if each had known the same facts as to the…
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