Coldwell Co. v. Cowart
Supreme Court of Georgia
Attachment. Before Judge Worrill. Early superior court. January 3, 1911. J. S. Cowart brought suit by attachment against the W. E. Cold-well Company. As amended, the declaration alleged in substance as follows: On July 16, 1906, the plaintiff sold to T. A. Bailey all the cypress and hardwood timber suitable for sawmill purposes, located upon certain land, for the sum of $2,000, for which credit was extended.
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Attachment. Before Judge Worrill. Early superior court. January 3, 1911. J. S. Cowart brought suit by attachment against the W. E. Cold-well Company. As amended, the declaration alleged in substance as follows: On July 16, 1906, the plaintiff sold to T. A. Bailey all the cypress and hardwood timber suitable for sawmill purposes, located upon certain land, for the sum of $2,000, for which credit was extended. No time was specified in which to cut and remove the timber from the land, and therefore only a reasonable time was allowed. Two years would have been a reasonable time. About six months…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The defendant excepted to the overruling of certain grounds of demurrer to the plaintiff’s declaration in attachment. A question in the cáse, and the one to which the argument was largely *236directed, was whether the recital in the instrument executed by the plaintiff to Bailey, and which was transferred to the defendant, in regard to the omission from the former contract with Bailey of a certain time in which the timber could be cut and removed, could be shown to be untrue. The plaintiff contended that this recital was merely in regard to the consideration…
2Cases cited35 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Parrott v. BakerSupreme Court of Georgia · 1889
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Martin v. WhiteSupreme Court of Georgia · 1902
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
30 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Bell v. StuddardSupreme Court of Georgia · 1965
- Hughes v. CobbSupreme Court of Georgia · 1942
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Tift v. Golden Hardware Co.Supreme Court of Georgia · 1949
27 more not listed; retrieve them via the Exa API.