Red v. City Council
Supreme Court of Georgia
Case, from Richmond county. Decided by Judge Holt,. October Term, 1857. An action was brought by Cornelius A. Red, against the City Council of Augusta, for an alleged violation of a contract, entered into between5] them, for the erection and furnishing of him a stall in the lower Market House of Augusta, for the vending of butcher’s meat, and to substantiate which, he produced before the Court and jury, in evidence, drawn from the opposite party, his petition, addressed to…
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Case, from Richmond county. Decided by Judge Holt,. October Term, 1857. An action was brought by Cornelius A. Red, against the City Council of Augusta, for an alleged violation of a contract, entered into between5] them, for the erection and furnishing of him a stall in the lower Market House of Augusta, for the vending of butcher’s meat, and to substantiate which, he produced before the Court and jury, in evidence, drawn from the opposite party, his petition, addressed to the City Council, as follows: K To the Honorable the Mayor and Members of the City Council of Augusta: “ The undersigned…
1Opinion of the Court
*390 By the Court.
Benning, J.
delivering the opinion.
Was the Court right in overruling the motion for a new-trial ?
All the grounds of that motion, may be considered as included in the first, that the verdict was contrary to the evidence, and to the weight of the evidence.
We do not think this ground well founded.
It is far from clear, that there was ever any contract between the City Council and Red.
At one meeting of the City Council, the motion that Red’s “ prayer” be granted, was carried by the casting vote of the Mayor.
At the next meeting, this action was reconsidered.
[1.] Now was there a…
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