Legal Opinion

Georgia Engineering & Construction Co. v. Horton & Smith

Supreme Court of Georgia

Decided August 12, 1910PublishedCited by 8 opinions

Action for breach of contract. Before Judge Wright. Floyd, superior court. August 2, 1909.

1Opinion of the CourtLumpkin, J.

1. There was no error in overruling the demurrer to the plaintiff’s petition, based on the ground that the contract was one within the statute of frauds and was not alleged to have been in writing. Mobley v. Lott, 127 Ga. 572.

2. Where a petition alleged that the plaintiffs sold lumber to a corporation of the county where the suit was brought, at a certain price and to be delivered at certain times, and sought to recover judgment for damages on account of a breach of the contract arising from a refusal to re*59reive tlie lumber sold, it was not subject to special demurrer on the ground that it…

2Cases cited6 opinions

  1. Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
  2. Pierce v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1905
  3. Mills v. Gate City Cotton MillsSupreme Court of Georgia · 1905
  4. Mobley v. LottSupreme Court of Georgia · 1907
  5. Belt v. StateSupreme Court of Georgia · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Harvard v. DavisSupreme Court of Georgia · 1916
  2. Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
  3. Henry Darling Inc. v. Harvey-Given Co.Court of Appeals of Georgia · 1930
  4. Atlantic Coast Line Railroad v. BurroughsCourt of Appeals of Georgia · 1917
  5. Hartley v. SandersCourt of Appeals of Georgia · 1932

3 more not listed; retrieve them via the Exa API.

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