Mendel v. Leader
Supreme Court of Georgia
. Action for breach of contract. Before Judge Rawlings. Toombs superior court. February 22, 1910. The action was to recover damages for breach of contract. The plaintiff alleged that he entered into a written contract with the defendants, wherein the defendants contracted to sell to him for $2,500 a certain tract of land which they had bought from Mrs. Grimes.
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. Action for breach of contract. Before Judge Rawlings. Toombs superior court. February 22, 1910. The action was to recover damages for breach of contract. The plaintiff alleged that he entered into a written contract with the defendants, wherein the defendants contracted to sell to him for $2,500 a certain tract of land which they had bought from Mrs. Grimes. The terms of sale were expressed as follows: “It is agreed that the payments shall be made as follows: one hundred ($100) dollars cash in hand paid by said party of the second part, receipt whereof is hereby acknowledged; the sum of…
1Opinion of the CourtEvans, P. J.
(After stating the fore’going facts.)
1. There was no unequivocal statement in the contract as to the time when the purchaser was to be put in possession of the land. In the stipulations regulating the time of making the j)ayments of purchase-money, it appears that the second payment of $400 was to be made on January 1, 1908, or “as soon thereafter as delivery of said lands can be made free from all leases or encumbrances,” and the final payment was due “12 months after the date of the delivery of the land, which delivery shall be from or at the time the attorneys pass on the title.” From…
2Cases cited2 opinions
- Eaves & Collins v. Cherokee Iron Co.Supreme Court of Georgia · 1885
- Osborne v. LawrenceNew York Supreme Court · 1832
3Cited by10 opinions
- Cook v. RobinsonSupreme Court of Georgia · 1960
- Grant v. HartSupreme Court of Georgia · 1944
- Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
- Jordan Bridge Co. v. I. S. Bailey, Jr., Inc.Court of Appeals of Georgia · 1982
- Stelling v. Richmond CountyCourt of Appeals of Georgia · 1950
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