Garrison v. Wilcoxson
Supreme Court of Georgia
Case, in Coweta Superior Court. Tried before Judge T-Ttt.t,, September Term, 1851. This was an action on the case, brought by the defendant in error, against the plaintiff in error, on a receipt, of which the following is a copy: “ Received of Levi Wilcoxson, ninety dollars in cash, and one note on Echols Daniel, of one hundred and sixteen dollars, which I agree to settle when we have a final settlement, this 8th April, 1843, with interest from date.” “James Garrison.”
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Case, in Coweta Superior Court. Tried before Judge T-Ttt.t,, September Term, 1851. This was an action on the case, brought by the defendant in error, against the plaintiff in error, on a receipt, of which the following is a copy: “ Received of Levi Wilcoxson, ninety dollars in cash, and one note on Echols Daniel, of one hundred and sixteen dollars, which I agree to settle when we have a final settlement, this 8th April, 1843, with interest from date.” “James Garrison.” On the trial, plaintiff proved that he had frequently requested the defendant to come to a settlement. It was also in proof,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We cannot doubt but that the presiding Judge took the correct view of this paper. It is an undertaking, on the part of the defendant, that he would settle with the plaintiff, the sum of ninety dollars in cash, and the amount of a promissory note upon a third person, (which amount of cash, and which note, he, in the instrument, acknowledges to have received from him,) when he and the plaintiff should have a final settlement. There is no lime specified for the settlement. The obligation to come to a settlement is mutual, and it is the right of…
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