Bell v. Hutchings
Supreme Court of Georgia
Contracts. Rescission. Equity. Practice. Jury. Before Judge Gober. Polk superior court. August term, 1890. Mrs. Hutchings and Mrs. Camp by their petition alleged: In October, 1886, S. B. Bell bargained with them to purchase their farm in Polk county for $12,000, to be paid as follows: $5,000 cash on taking possession; $1,400 in twelve months with 8 per cent, interest; titles to eleven lots, specified by numbers, in the twelfth district of originally Appling .county,…
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Contracts. Rescission. Equity. Practice. Jury. Before Judge Gober. Polk superior court. August term, 1890. Mrs. Hutchings and Mrs. Camp by their petition alleged: In October, 1886, S. B. Bell bargained with them to purchase their farm in Polk county for $12,000, to be paid as follows: $5,000 cash on taking possession; $1,400 in twelve months with 8 per cent, interest; titles to eleven lots, specified by numbers, in the twelfth district of originally Appling .county, containing 5,300 acres of well timbered land, these lots being valued in the purchase at $5,000; and titles to fifteen acres of…
1Opinion of the Court
Simmons, Justice.
Mrs. Hutchings and another brought a suit on the equity side of the court to rescind a sale of land which she had made to Bell. After the evidence had been submitted, counsel for Bell presented eleven questions of fact which he asked the court to submit to the jury. Counsel for the plaintiff submitted two, one of which was, “ Shall said trade between the complainants and Bell be rescinded ? ” To this question counsel for Bell objected on the ground that the answer thereto would he a matter of law, and that it was a question for the court after the finding of the jury on the…
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