Turner v. Hillyer
Court of Appeals of Georgia
Action on contract; from Bibb superior court — Judge Malcolm D. Jones. March 31, 1922. Application for certiorari was denied by the Supreme Court. Befusal to take and pay for certain' shares of stock alleged to have been purchased by Turner, the defendant, from the plaintiff, Mrs. Hillyer, under a certain written contract, is the ground of this action.
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Action on contract; from Bibb superior court — Judge Malcolm D. Jones. March 31, 1922. Application for certiorari was denied by the Supreme Court. Befusal to take and pay for certain' shares of stock alleged to have been purchased by Turner, the defendant, from the plaintiff, Mrs. Hillyer, under a certain written contract, is the ground of this action. In one count it is sought to recover the purchase-price, and in another count the difference between that price and the market value at the time of the breach of contract alleged. In the demurrer it was contended that the contract was…
1Opinion of the CourtBroyles, C. J.
The court did not err in overruling all the grounds of the demurrer to the petition as amended.
■Judgment affirmed.
2ConcurrenceBloodworth, J.
Luke, J., dissents. The written contract was as follows: “ Georgia, Bibb County. This indenture entered into this the 2d day of April, 1921, between T. B. Turner, party of the -one part, and Mrs. Lela Hillyer, executrix of the estate of L. P. Hillyer, deceased, party of the other part, both of said county and State, witnesseth: that the said Turner has bought of the said Mrs. Lela Hillyer, executrix, 258 shares of the capital stock of the Bibb National Bank of Macon, Georgia, at a…
3Cases cited9 opinions
- Thompson v. GraySupreme Court of the United States · 1816
- Hill v. John P. King Manufacturing Co.Supreme Court of Georgia · 1887
- Leonard v. DavisSupreme Court of the United States · 1862
- Fowler v. BrantlySupreme Court of the United States · 1840
- Capps v. EdwardsSupreme Court of Georgia · 1908
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