Legal Opinion

Fender v. Fender

Supreme Court of Georgia

Decided February 10, 1970No. 25552PublishedCited by 8 opinions

1Opinion of the Court

Felton, Justice.

1. “Great inadequacy of consideration, joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract.” Code § 37-710.

2. This claim against the estate of a man was properly sued on in this action against his widow, it being alleged that the decedent died intestate without lineal descendants, that there was no administration on the estate and that the present claim was the only debt due by the estate. Code § 113-903 (1); Moore v. Smith, 121 Ga. 479, 481 (49 SE 601); Phillips v. Phillips, 163 Ga. 899, 905 (137…

2Cases cited3 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Moore v. SmithSupreme Court of Georgia · 1904
  3. Phillips v. PhillipsSupreme Court of Georgia · 1927

3Cited by8 opinions

  1. Tri-City Sanitation v. Action Sanitation ServiceSupreme Court of Georgia · 1971
  2. Beckwith v. PetersonSupreme Court of Georgia · 1971
  3. STAFFORD v. GARELECK Et Al.Court of Appeals of Georgia · 2015
  4. Top Quality Homes, Inc. v. JacksonSupreme Court of Georgia · 1974
  5. Goodman v. City of AtlantaSupreme Court of Georgia · 1980

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