Hines v. Johnston
Supreme Court of Georgia
Complaint. Before Judge Hardeman. Bibb superior court. April term, 1894. • On April 16, 1889, the administrator of JR. JKJ. Hines sued the executrix of "W\ JB.
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Complaint. Before Judge Hardeman. Bibb superior court. April term, 1894. • On April 16, 1889, the administrator of JR. JKJ. Hines sued the executrix of "W\ JB. Johnston, alleging: Johnston on June 20, 1850, together with the firm of Scott, Carhart & Company, entered into a written agreement with Hines, that the parties thereto should purchase lands therein mentioned, for the purpose of laying the same oft' into town lots and selling them for the joint benefit of said parties. The jmrchase money was paid, and the deeds to the property were drawn by Hines, as stipulated in the agreement, who…
1Opinion of the Court
Atkinson, Justice.
The facts in this case are stated with sufficient fullness and accuracy in the official report.
1. According to the view we take of the contract entered into between the oi’iginal pei’sons under whom the parties to this case respectively claim, and which is the basis of the plaintiff’s alleged cause of action, the rights of the plaintiff’s intestate with respect to the subject-matter of the contract were not concluded by his death. If we were at libei’ty to treat it as a simple contract of hiring, by which, for a stipulated sum to be paid, the plaintiff’s intestate undertook…
2Cited by21 opinions
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