Baughman Automobile Co. v. Emanuel
Supreme Court of Georgia
Equitable petition. Before Judge Frank Park. Decatur superior court. July 7, 1911. , * The Baughman Automobile Company filed its petition in the superior court of Decatur county, against J. H. Emanuel of that county, against whom it prayed substantial relief, and J. Douglas Harrell, formerly of Decatur county, but now living in Florida, and alleged the following: J. H. Emanuel is the owner of a certain Buick automobile, and some time prior to May 20, 1910, he made a contract…
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Equitable petition. Before Judge Frank Park. Decatur superior court. July 7, 1911. , * The Baughman Automobile Company filed its petition in the superior court of Decatur county, against J. H. Emanuel of that county, against whom it prayed substantial relief, and J. Douglas Harrell, formerly of Decatur county, but now living in Florida, and alleged the following: J. H. Emanuel is the owner of a certain Buick automobile, and some time prior to May 20, 1910, he made a contract in which he agreed to sell the automobile to Harrell for a named price, and, in order to secure the purchase-price of…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
The general demurrer filed to the equitable petition was properly sustained by the court. The plaintiff’s remedy was not by equitable petition, but by paying the balance of the purchase-price due by Harrell to Emanuel, in whom the title to the automobile was, and then proceeding to subject the property to the mechanic’s lien as the property of Harrell, the vendee, at whose instance the improvements were made. It is insisted, however, that this rule would work a hardship where the mechanic is not financially -able to pay the balance of the purchase-money due…
2Cases cited2 opinions
- Woodruff v. M. G. McDonald Furniture Co.Supreme Court of Georgia · 1895
- Englehart-Hitchcock Co. v. Central Investment Co.Supreme Court of Georgia · 1911
3Cited by16 opinions
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- Poss Bros. v. HaynieCourt of Appeals of Georgia · 1927
- Atlas Securities Co. v. GroveIndiana Court of Appeals · 1922
- General Motors Acceptance Corp. v. SutherlandNebraska Supreme Court · 1932
- Motor Credit Co. v. SmithSupreme Court of Arkansas · 1930
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