Gatins v. Angier
Supreme Court of Georgia
Complaint for damages. Before Judge Reid. City court of Atlanta. January term, 1897. Joseph F. Gatins sued Mrs. E. A. Angier in the city court of Atlanta.
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Complaint for damages. Before Judge Reid. City court of Atlanta. January term, 1897. Joseph F. Gatins sued Mrs. E. A. Angier in the city court of Atlanta. His petition was as follows: “ The petition of Joseph F. Gatins shows: 1. That Mrs. E. A. Angier is a resident of Fulton County, Georgia. 2. She has damaged him in the sum of $3,025.00, by reason of the following facts, to wit: 3. On Nov. 8th, 1894, the defendant agreed with petitioner in writ1 ing, copy of which paper is hereto attached, to sell him that tract of laird commencing at about 100 ft. from the land-lot line on the Mason &…
1Opinion of the CourtFish, J.
(After stating the foregoing facts,)- Before a contract can be enforced or a recovery had for a breach thereof, the subject-matter upon which it is intended to operate must be definitely ascertained. The terms of the contract may sufficiently identify the subject-matter, but where they do not, resort may be had to extraneous evidence of identification; parol evidence being admissible to apply a writing to its subject. The subject-matter of the case under consideration is land, but its description is not clearly set out, being as follows: “Commencing about 100 feet from the land-lot line on…
2Cited by10 opinions
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- Gould v. GouldSupreme Court of Georgia · 1942
- Durham v. DavisonSupreme Court of Georgia · 1923
- Nettles v. Charles P. Glover Realty Co.Supreme Court of Georgia · 1913
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