Cothran v. Scanlan
Supreme Court of Georgia
In Equity. In Floyd Superior Court. Demurrer, decided by Judge Featherstobt. January Term, 1866. The defendant in error filed his bill against the plaintiffs in error, praying, among other things, that they be decreed to make titles to him for certain real estate which he had purchased of them, and paid for in part, giving his promissory note for the balance, payable on the 11th of September, 1864, in the currency of the country, with interest from date.
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In Equity. In Floyd Superior Court. Demurrer, decided by Judge Featherstobt. January Term, 1866. The defendant in error filed his bill against the plaintiffs in error, praying, among other things, that they be decreed to make titles to him for certain real estate which he had purchased of them, and paid for in part, giving his promissory note for the balance, payable on the 11th of September, 1864, in the currency of the country, with interest from date. The bill alleged, that on the 17th of November, 1865, the complainant called on Cothran, one of the defendants in the bill, and offered to…
1Opinion of the CourtWalker, J.
Several questions were made in this case, but the depisiop of one will dispose of the others. Is a tender alleged ? We think not.
*557[1.] We recognise the doctrine that the same precision is not required in equity pleadings which is exacted at law; but, even in equity, the averments must be sufficiently certain that issue may be taken thereon. “ The general statement that a tender was made, is not enough. It is as defective as a general averment of fraud. That a tender was made is a conclusion of the pleader simply. He must state the facts which constitute a legal tender. The same precision, I…
2Cited by8 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Burnam v. WilkersonSupreme Court of Georgia · 1962
- Terry v. KeimSupreme Court of Georgia · 1905
- Nance v. DanielSupreme Court of Georgia · 1936
- DeGraffenreid v. MenardSupreme Court of Georgia · 1898
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