Atwood v. Norton
Supreme Court of Georgia
Assumpsit for rent, in Greene Superior Court. Tried before Judge Harris, at the September Term, i860. Atwood brought an action, in Greene Superior Court, against Norton, to recover two hundred and fifty dollars, for the rent of a house and lot in the town of Greensboro’, known as the “Merrill place.”
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Assumpsit for rent, in Greene Superior Court. Tried before Judge Harris, at the September Term, i860. Atwood brought an action, in Greene Superior Court, against Norton, to recover two hundred and fifty dollars, for the rent of a house and lot in the town of Greensboro’, known as the “Merrill place.” To this action the. defendant set up, amongst other pleas, that the contract was void, as being against the provisions of the statute of frauds.' On the trial of the case, in the Court below, the following evidence was adduced, to wit: Evidence for the Plaintiff. George O. Dawson testified: That,…
1Opinion of the Court
By the Court. —
Dyon, J.,
delivering the opinion.
The objection to the plaintiff’s right to recover in this case, is, That the contract was obnoxious to the statute of frauds, in this: that it is an agreement that is not to be performed within the space of one year from the making thereof; the same not being in writing and signed by the party to be charged therewith. And we think that the objection is well taken. The testimony of Dawson is, That, on the 14th of December, 1856, he, as the agent of the plaintiff, rented to the defendant a house and lot, in Greensboro, for the year 1857, for the…
2Cited by10 opinions
- Steininger v. WilliamsSupreme Court of Georgia · 1879
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Jellett v. RhodeSupreme Court of Minnesota · 1890
- Taylor v. TerryCalifornia Supreme Court · 1886
- Render v. HarrisCourt of Appeals of Georgia · 1920
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