Britt v. Hays
Supreme Court of Georgia
Complaint on account, in Sumter Superior Court. Tried before Ali.en, Judge, at October Term 1856. This was an action, brought in the for, prescribed by act of 1847, by George Britt, plaintiff, against Samuel Hayes, defendant, to recover the sum of 135,61 due on account as per bill of particulars annexed, The following was the bill particular "Samuel Hays, To George Britt., - - Dr. 1855. To nine months and nine days work and labor, at the rate of y# 175.00 per 3rea,r. - -…
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Complaint on account, in Sumter Superior Court. Tried before Ali.en, Judge, at October Term 1856. This was an action, brought in the for, prescribed by act of 1847, by George Britt, plaintiff, against Samuel Hayes, defendant, to recover the sum of 135,61 due on account as per bill of particulars annexed, The following was the bill particular "Samuel Hays, To George Britt., - - Dr. 1855. To nine months and nine days work and labor, at the rate of y# 175.00 per 3rea,r. - - #135.01” Upon the trial, plaintiff offered a witness t.o prove that defendant employed him for the year 1855 and agreed to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The plaintiff treatiug the special contract in this case, as fescindedby the misconduct of the defendant, which he bad a light to do, Rogers vs. Parham 8 Ga. Rep. 190; sued on a quantvim meruit for work aud labor actually performed-He was rectus in curia. His writ or complaint needed no amendment; but he was entitled to recover upon it as it stood, provided he could sustain it by satisfactory proof; and that he was not permitted to do. It was allowable to refer to the special contract to fix the measure of damages; or in other words to prove the…
2Cases cited1 opinion
- Rogers v. ParhamSupreme Court of Georgia · 1850
3Cited by6 opinions
- Beck v. Thompson & Taylor Spice Co.Supreme Court of Georgia · 1899
- Jackson v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1911
- Rosenstock v. Congregation Agudath AchimCourt of Appeals of Georgia · 1968
- Brand v. Ogden-Howard Co.Superior Court of Delaware · 1920
- Cason v. TyeCourt of Appeals of Georgia · 1911
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