Thomas v. Richards
Supreme Court of Georgia
Complaint. Before Judge Gober. Pickens superior court. April 26, 1905. John B. Thomas and Mrs. M. J. Thomas brought suit against S. L. Eichards, and alleged: On August 20, 1904, petitioners entered into a contract with defendant, whereby they sold him their interest in the Howser Hotel., at Dawson ville, Ga., in consideration of which Richards paid to petitioners $269.09 in cash, and assumed the payment of certain notes made by petitioners to W. G. Baber, amounting to $275,…
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Complaint. Before Judge Gober. Pickens superior court. April 26, 1905. John B. Thomas and Mrs. M. J. Thomas brought suit against S. L. Eichards, and alleged: On August 20, 1904, petitioners entered into a contract with defendant, whereby they sold him their interest in the Howser Hotel., at Dawson ville, Ga., in consideration of which Richards paid to petitioners $269.09 in cash, and assumed the payment of certain notes made by petitioners to W. G. Baber, amounting to $275, and notes made by petitioners to J. W. Baton, amounting to $400. The dates of maturity of the notes were not alleged. It…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) In his contract with the plaintiffs Richards ássumed the payment of certain notes, and undertook to pay them at maturity. When any single note matured and Richards failed to pay it, this was a breach of his contract, and an action thereon would lie against him. It was not necessary for the other parties to the contract to delay suit until all of the notes had matured, because the contract was sever-able. “If a contract be entire, but one suit can be maintained for a breach thereof; but if it be severable, or if the breaches occur at successive periods in…
2Cases cited2 opinions
- Keen v. McAfeeSupreme Court of Georgia · 1902
- Tucker v. MurpheySupreme Court of Georgia · 1902
3Cited by5 opinions
- Spalding Construction Co. v. SimonCourt of Appeals of Georgia · 1927
- Williams & Co. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1912
- Stokes v. RobertsonSupreme Court of Georgia · 1915
- Detrick v. Trust Co.Court of Appeals of Georgia · 1934
- Simons v. BargainerCourt of Appeals of Georgia · 1921