Legal Opinion

Pope v. Read

Supreme Court of Georgia

Decided February 18, 1922No. 2705PublishedCited by 6 opinions

Specific performance. Before Judge Shurley. Wilkes superior court. June 11, 1921. H. H. Read filed an equitable petition alleging that he and M. C. Pope, the defendant, entered into a written contract dated October 6, 1902, and signed by both parties.

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Specific performance. Before Judge Shurley. Wilkes superior court. June 11, 1921. H. H. Read filed an equitable petition alleging that he and M. C. Pope, the defendant, entered into a written contract dated October 6, 1902, and signed by both parties. The contract is attached to the petition as an exhibit, and is as follows: “ Mark Cooper Pope, party of the first part, and H. H. Read, party of the second part, enter into the following agreement: The said Pope agrees to build a house at a cost not to exceed 1300 dollars, on the lot adjoining the lot on which said Read now resides. The house is…

1Opinion of the CourtGilbert, J.

As shown by the preceding statement, the defendant, by his plea and answer, admitted each and every paragraph of the plaintiff’s petition. The only issue raised by his answer is his contention that the remedy of the plaintiff was barred by the statute of limitations. This issue is made a ground of the amended motion for a new trial, where movant complains that the court failed to charge the jury the law in regard to the statute of limitations. Obviously it is unnecessary to deal with any of the other grounds of the motion; because, under' the pleadings, as stated above, everything was…

2Cases cited5 opinions

  1. Bearden Mercantile Co. v. Madison Oil Co.Supreme Court of Georgia · 1907
  2. Pearson v. HorneSupreme Court of Georgia · 1913
  3. Walker v. EdmundsonSupreme Court of Georgia · 1900
  4. Turman v. SmarrSupreme Court of Georgia · 1916
  5. Spooner v. ShelferSupreme Court of Georgia · 1921

3Cited by6 opinions

  1. Baker v. Brannen/Goddard Co.Supreme Court of Georgia · 2002
  2. Redmond v. Sinclair Refining Co.Supreme Court of Georgia · 1949
  3. Irwin v. DaileySupreme Court of Georgia · 1961
  4. McKown v. HeerySupreme Court of Georgia · 1946
  5. Baker v. Brannen/Goddard Co.Supreme Court of Georgia · 2002

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