Smith v. Kirkpatrick
Supreme Court of Georgia
Evidence. New Trial. Boundaries. Purchase Money. Fraud. Vendor and Purchaser. Before Judge Richard H. Clark. DeKalb Superior Court.
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Evidence. New Trial. Boundaries. Purchase Money. Fraud. Vendor and Purchaser. Before Judge Richard H. Clark. DeKalb Superior Court. March Term, 18S7. The vendor and vendee were both married women, the former residing on the premises in DeKalb county, the latter at Marietta, in Cobb county; they negotiated through their respective husbands, and the contract was concluded on the premises, the vendee not being present; the transaction included two purchases by the same vendee, one from tbis vendor and one from her husband, and a casli payment was made of $1,700 or $1,800 whether any, and if so,…
1Opinion of the Court
Bleckley, Chief Justice,
(after stating the above facts.)
The grounds of the motion for a new trial were five, three of them general. One of the special grounds objected to the introduction of evidence ás to the improvements put upon the true tract, and their value. The other special ground simply complained that the verdict was contrary to the charge of the court.
1. The verdict is substantially right, though perhaps rather too small, if the price for number 380 was $1,850; and it seems equally certain that it is wrong if that price was $1,000; and it is only this, uncertainty as to the price…
2Cases cited1 opinion
- Hook v. Stovall, Dunn & Co.Supreme Court of Georgia · 1860
3Cited by18 opinions
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Estes v. OdomSupreme Court of Georgia · 1893
- Cawston v. SturgisOregon Supreme Court · 1896
- Whiten v. Orr Construction Co.Court of Appeals of Georgia · 1964
- Sears v. StinsonWashington Supreme Court · 1892
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