Howard Piano Co. v. Glover
Court of Appeals of Georgia
Appeal; irom Fulton superior court — ■ Judge Ellis. November 20, 1909. The piano company sued out a purchase-money attachment, alleging that Miss Ava Glover was indebted to it in the sum of $60 for the purchase of a piano. She filed a defense stating that she had bought the. piano for the price of $350, and had paid $340 and. tendered the other $10, but that the plaintiff refused to accept the-other $10, claiming that $60, instead of $10, was due upon it.
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Appeal; irom Fulton superior court — ■ Judge Ellis. November 20, 1909. The piano company sued out a purchase-money attachment, alleging that Miss Ava Glover was indebted to it in the sum of $60 for the purchase of a piano. She filed a defense stating that she had bought the. piano for the price of $350, and had paid $340 and. tendered the other $10, but that the plaintiff refused to accept the-other $10, claiming that $60, instead of $10, was due upon it. By amendment she set up that she had signed a written contract for the purchase of the piano, in which the price of the piano was stated as…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. Where the plaintiff declares on a contract in writing and the defendant denies the execution of the paper thus sued on, or claims that the paper as then existing and declared on is not in the condition in which it was when it was signed, he must file his denial under oath, by a plea of non est factum, or a plea in the nature of a plea of non est factum. Civil Code of 1895, §3701. However, where the instrument is not declared on and is merely offered as part of the evidence in the case, the other party may attack it as a forgery, without pleadings, and…
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- Blount v. RadfordCourt of Appeals of Georgia · 1915
- Adcock v. SuttonSupreme Court of Georgia · 1968
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