Ansley v. Hightower
Supreme Court of Georgia
Complaint. Before Judge Mitchell. Thomas superior court. October 20, 1903. The petition of Ansley against Hightower alleged: Defendant is indebted to plaintiff $1,944, with interest thereon from June 28, 1902, at seven per cent.
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Complaint. Before Judge Mitchell. Thomas superior court. October 20, 1903. The petition of Ansley against Hightower alleged: Defendant is indebted to plaintiff $1,944, with interest thereon from June 28, 1902, at seven per cent. During all the year 1898, and until plaintiff entered the service of Heath & Hightower (who were doing a sawmill business at that time under the firm name of the Union Lumber Company, which firm was composed of W. A. Heath and the defendant), plaintiff was in the employ of the Brown Supply Company and of the receiver of the Brown & King Supply Company, -of Atlanta,…
1Opinion of the CourtSimmons, C. J.
1. The allegations in the petition set forth a contract based upon a sufficient consideration, and a breach thereof by the defendant.
2. The petition also showed that the contract was with the defendant individually, and not with a partnership of which the defendant was a member.
3. Where a petition declares upon a contract, it is not necessary, even though such contract is within the statute of frauds, to allege that it was in writing. Upon demurrer it will be presumed that the contract was in writing, unless the pleadings show the contrary. Walker v. Edmundson, 111 Ga. 455; Taliaferro v.…
2Cases cited17 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Mason v. . DeckerNew York Court of Appeals · 1878
- Wright v. YoungWisconsin Supreme Court · 1858
- Rogers v. BurrSupreme Court of Georgia · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Grant v. HartSupreme Court of Georgia · 1941
- Miller v. WatsonSupreme Court of Georgia · 1912
- Hightower v. AnsleySupreme Court of Georgia · 1906
- Irvin v. LockeSupreme Court of Georgia · 1946
30 more not listed; retrieve them via the Exa API.