Spier v. Lambdin
Supreme Court of Georgia
Injunction. Restraint of Trade. Statute of Frauds. Tried before Judge Green. Pike County. Chambers. February, 1872. Spier’s bill against Lambdin made this case: In 1867, the trustees of the Barnesville Academy leased the academy and grounds to Lambdin, for ten years, in consideration that he would fence the lot, keep the premises in repair, and teach there a school during said term, with a full corps of teachers.
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Injunction. Restraint of Trade. Statute of Frauds. Tried before Judge Green. Pike County. Chambers. February, 1872. Spier’s bill against Lambdin made this case: In 1867, the trustees of the Barnesville Academy leased the academy and grounds to Lambdin, for ten years, in consideration that he would fence the lot, keep the premises in repair, and teach there a school during said term, with a full corps of teachers. In 1870, Spier was teaching school, also, in Barnes-ville, with one Lewis as his assistant. In the fall of 1870, Lambdin proposed to sell the unexpired term of said lease to Spier…
1Opinion of the Court
McCay, Judge.
We think there is equity in this bill. The complainant, as he states his case, is about to receive a damage, recognized by law as a wrong, and for which the forms of the law side of the Court do not furnish an adequate remedy. The answer does not (except by argument and inference) meet the charges in the bill. It does distinctly say that the money paid was paid in consideration of the lease; but, we think, there was a cautious shunning in the answer of the charges in the bill on the real merits of the case. The point of the bill is, that the distinct object and purpose of the…
2Cited by13 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Goodman v. HendersonSupreme Court of Georgia · 1877
- Cooper v. Mercantile National BankCourt of Appeals of Georgia · 1976
- Mandeville v. HarmanNew Jersey Court of Chancery · 1886
- Legg v. HoodSupreme Court of Georgia · 1922
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