Sproull v. Seay
Supreme Court of Georgia
Administrators and Executors. Sales.' Parties. Yendor and Purchaser. Before Judge Branham. Floyd Superior Court. September Term, 1884. C. W. Sproull, as administrator of R. W. Sproull, deceased, brought an action against J. J. Seay, alleging that, on the first Tuesday in November, 1882, the administrator exposed to sale certain property of the deceased, and Seay was the purchaser at the price of $960.00; that defendant refused to pay for the land, and it was afterwards…
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Administrators and Executors. Sales.' Parties. Yendor and Purchaser. Before Judge Branham. Floyd Superior Court. September Term, 1884. C. W. Sproull, as administrator of R. W. Sproull, deceased, brought an action against J. J. Seay, alleging that, on the first Tuesday in November, 1882, the administrator exposed to sale certain property of the deceased, and Seay was the purchaser at the price of $960.00; that defendant refused to pay for the land, and it was afterwards re-sold at his risk, and brought only $375.00. Plaintiff thereupon brought this suit for $585.00, the difference between the…
1Opinion of the Court
Jackson, Chief Justice.’
Important legal questions are made in this record: First, can an administrator recover from a' bidder, at his sale, the difference between the sum he bid and that which the land subsequently sold for, when again offered ? And secondly, if the second sale be delayed, and the delay is Caused by the request or agreement of the bidder, can the delay discharge his liability ?
1. That the administrator may re-sell and recover, as well as the sheriff, under section 3655 of the Code, is settled by this court. 53 Ga., 87; 54 Id., 200.
2. On the second point, this court held, in…
2Cases cited2 opinions
- Saunders v. BellSupreme Court of Georgia · 1876
- Daniel v. JacksonSupreme Court of Georgia · 1874
3Cited by2 opinions
- Peek v. PeekSupreme Court of Georgia · 1928
- Womack v. TidwellCourt of Appeals of Georgia · 1928