White v. Hand
Supreme Court of Georgia
New Trial. Charge of Court. Contracts. Rescission. Before Judge Brown. Lumpkin Superior Court. April Term, 1885. To the report contained in the decision, it is only necessary to add the following: Mrs. Mary E. White filed her bill against N. H. Hand et al. to obtain a rescission of a sale of certain lands sold by Hand to her husband, who was her agent, and to enjoin a sale of such land for the unpaid balance of the purchase money, part of it having been paid.
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New Trial. Charge of Court. Contracts. Rescission. Before Judge Brown. Lumpkin Superior Court. April Term, 1885. To the report contained in the decision, it is only necessary to add the following: Mrs. Mary E. White filed her bill against N. H. Hand et al. to obtain a rescission of a sale of certain lands sold by Hand to her husband, who was her agent, and to enjoin a sale of such land for the unpaid balance of the purchase money, part of it having been paid. It wa- alleged that Hand had failed to perform his covenants; that neither she nor her agent had ever been in possession, but that Hand…
1Opinion of the Court
Hall, Justice.
The object of this suit is to rescind a contract for the sale of the mineral lands mentioned in the bill, by the de*6fendant, Hand, to George W. White, the husband and agent of complainant, and to recover the sum of $1,500 which she paid on account of the sale. By the terms of the agreement, the first payment of $300, made at the execution of the agreement, was to be forfeited, unless $2,500, the remainder of the purchase price agreed on, was promptly met at the time when it fell due. Then for the first time it was disclosed to Hand that White was acting •as agent for the…
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