Mallard v. Curran
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Eulton superior court. August 2, 1904. The case made by the petition is substantially as follows: Mrs. Annie Curran died intestate, the owner of described realty in the city of Atlanta.
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Equitable petition. Before Judge Lumpkin. Eulton superior court. August 2, 1904. The case made by the petition is substantially as follows: Mrs. Annie Curran died intestate, the owner of described realty in the city of Atlanta. She had previously executed to named persons, as trustees of the Penn Mutual Life Insurance Company, a non-resident corporation having an office and agent in Atlanta, a trust deed to the property to secure a loan of $3,700. Upon the death of Mrs. Curran, Michael Curran was appointed her administrator ; and at the September term,'1903, of the court of ordinary of Eulton…
1Opinion of the CourtCandler, J.
(After stating the foregoing facts.) While no express ruling was made by the trial judge on the separate grounds of demurrer, it follows from the fact that the petition was dismissed at the plaintiff’s cost that the general demurrer was sustained, and we turn our attention first to the question whether the petition set out a cause of action.
1. There can be no doubt that where there is in the vendor *875power to make a sale of real estate at auction, a contract of purchase and sale is completed upon the fall of the auctioneer’s hammer and the acceptance of the bid. Either party to the contract may…
2Cases cited3 opinions
- Tillman v. DunmanSupreme Court of Georgia · 1901
- Pferdmenges, Preyer & Co. v. Butler, Stevens & Co.Supreme Court of Georgia · 1903
- Thompson & King v. AtwaterSupreme Court of Georgia · 1890
3Cited by5 opinions
- Smith v. TippinsSupreme Court of Georgia · 1950
- Green v. FreemanSupreme Court of Georgia · 1906
- Pinckney v. WeilSupreme Court of Georgia · 1936
- City of Waycross v. CullensSupreme Court of Georgia · 1940
- Baker v. KimzeyCourt of Appeals of Georgia · 1925