Sutton v. Howard
Supreme Court of Georgia
Assumpsit, in Terrell Superior Court.. Tried before Judge John T. Clark, at the May Term, 1863. This was an action brought by Lewis G. Sutton, as the administrator of Thomas J. Johnson, deceased, against John T. Howard, James Henderson, and William H. Turner, to recover the sum specified in a written agreement, of which the following is a copy, to-wit: • “ Albany} June 15th, 1857. “ I, John T. Howard, have this day purchased of Thomas J. Johnson his plantation, some-stock,…
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Assumpsit, in Terrell Superior Court.. Tried before Judge John T. Clark, at the May Term, 1863. This was an action brought by Lewis G. Sutton, as the administrator of Thomas J. Johnson, deceased, against John T. Howard, James Henderson, and William H. Turner, to recover the sum specified in a written agreement, of which the following is a copy, to-wit: • “ Albany} June 15th, 1857. “ I, John T. Howard, have this day purchased of Thomas J. Johnson his plantation, some-stock, and growing crop on said plantation, in Dougherty county, at the price of #13,000. The inducement to which trade by the…
1Opinion of the Court
By the Court. —
Lumpkin, C. J., delivering the opinion.
Mr. Brown, in his Commentaries upon the Common Law, remarks, that “ in written contracts, whether special or simple, giving rise respectively to actions of covenant and of assumpsit, it not unfrequently happens that the parties themselves assume to define tlie precise amount of liability which shall be incurred for breach of contract. If so, and it appears that the amount thus specified is really intended as liquidated (or ascertained) damages, the jury will be relieved from any inquiry touching the amount of compensation to be awarded to…
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- Heath v. Georgia Military AcademyCourt of Appeals of Georgia · 1957