Beall v. Berkhalter
Supreme Court of Georgia
Debt, in Warren Superior Court. Tried before Judge Thomas at October Term, 1858. This was an action of debt brought by John L. Berkhalter against Romulus G. Beall on a note, of which the following is a copy, to-wit: “ On or before the twenty-fifth day of December, eighteen hundred and fifty-one, I promise to pay John L. Berkhalter, or bearer, one thousand dollars for value received this October 30th, 1850. [Signed] ROMULUS G. BEALL.”
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Debt, in Warren Superior Court. Tried before Judge Thomas at October Term, 1858. This was an action of debt brought by John L. Berkhalter against Romulus G. Beall on a note, of which the following is a copy, to-wit: “ On or before the twenty-fifth day of December, eighteen hundred and fifty-one, I promise to pay John L. Berkhalter, or bearer, one thousand dollars for value received this October 30th, 1850. [Signed] ROMULUS G. BEALL.” The defendant pleaded partial failure of consideration in this: that plaintiff sold him eight hundred and sixty acres of land, and that the note sued on was for…
1Opinion of the Court
By the Court.
Lumpicin, J.
delivering the opinion.
Was the Court right in rejecting the deed from Berkhalter to Beall, which was offered by the latter to support his plea of partial failure of consideration in this case ?
The answer to this question will depend upon the further enquiry of whether the enumeration of the quantity of acres is of the essence of the contract between these parties,or is matter of description merely. If the former, then, the covenant of warranty must be construed relatively to the quantity of land conveyed, and is to be deemed an assurance to the purchaser of the…
2Cited by11 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Wylly v. GazanSupreme Court of Georgia · 1883
- Keiley v. Citizens Savings Bank & Trust Co.Supreme Court of Georgia · 1931
- Finney v. MorrisSupreme Court of Georgia · 1902
- Baker v. CorbinSupreme Court of Georgia · 1918
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