Downing v. Peabody
Supreme Court of Georgia
Guardian and ward. Contracts. Before Judge Underwood. Muscogee Superior Court. May Term, 1875. Upon tiie trial, the court charged the jury, amongst other things, as follows: “That neither the case made by the complainant, nor that made by the defendants, raised the question whether the private agreement for a sale, made by King, was binding and valid against the guardian, McKendree.”
Read the full summary
Guardian and ward. Contracts. Before Judge Underwood. Muscogee Superior Court. May Term, 1875. Upon tiie trial, the court charged the jury, amongst other things, as follows: “That neither the case made by the complainant, nor that made by the defendants, raised the question whether the private agreement for a sale, made by King, was binding and valid against the guardian, McKendree.” “That a payment in advance to King, as guardian, upon a sale of property of the ward, to be afterwards made by King, as guardian, is not a payment to McKendree, as guardian, upon a sale made by McKendree, as…
1Opinion of the Court
Bleckley, Judge.
King was the guardian of a minor who owned certain real estate. He agreed privately with Downing and Peterson for the sale of it, at a stipulated price, $945 00. In order to make a legal title it was understood that leave was to be obtained from the ordinary, and the sale was to be 'advertised and made publicly, according to law. After obtaining leave from the ordinary, King advertised the sale, and while the advertisement was running, called upon Downing to advance $800 00, of the agreed price. Downing made the advance, and King died before the property was brought to sale.…
2Cited by5 opinions
- Adler v. AdlerSupreme Court of Georgia · 1961
- Campbell Coal Co. v. BakerSupreme Court of Georgia · 1914
- Rome Land Co. v. EastmanSupreme Court of Georgia · 1888
- Blumenthal v. CainCourt of Appeals of Georgia · 1918
- Webber v. SpencerNebraska Supreme Court · 1947