Kirkpatrick v. Holland
Supreme Court of Georgia
Equitable petition. Before Judge Bell, Eulton superior court. May 20, 1918. Kirkpatrick brought his petition against Holland, who filed a demurrer, which demurrer the court sustained, and dismissed the action. To this order the plaintiff excepted.
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Equitable petition. Before Judge Bell, Eulton superior court. May 20, 1918. Kirkpatrick brought his petition against Holland, who filed a demurrer, which demurrer the court sustained, and dismissed the action. To this order the plaintiff excepted. The petitioner showed that the defendant had filed suit against petitioner in the municipal court of Atlanta, to recover the sum of $390, with interest, which defendant claimed to have paid petitioner under a contract of sale of certain land; that petitioner demurred to that suit, and answered, denying liability; that the demurrer to that suit was…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that the court erred in sustaining the general demurrer in-this case; Holland, the plaintiff in the pending suit in the municipal court, had sued Kirkpatrick to recover certain payments made upon the purchase-price of a lot of land. He claimed in that suit that the vendor, Kirkpatrick, could not comply with his undertaking in the bond for title, relating to the laying of certain sidewalks and the improvement of the street, and the laying of certain mains and sewers without cost to the purchaser; that he was therefore entitled to…
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