Legal Opinion

Cooley v. Moss

Supreme Court of Georgia

Decided August 3, 1905PublishedCited by 34 opinions

Action for breach of contract. Before Judge Reid. City-court of Atlanta. October 22, 1904. Cooley brought an action against Moss, laying his damages in the sum of $500, and alleging that on April 28, 1903, the defendant entered into the following agreement with- the plaintiff: “This agreement made this day between A. J. Moss and J. L. Cooley.

Read the full summary

Action for breach of contract. Before Judge Reid. City-court of Atlanta. October 22, 1904. Cooley brought an action against Moss, laying his damages in the sum of $500, and alleging that on April 28, 1903, the defendant entered into the following agreement with- the plaintiff: “This agreement made this day between A. J. Moss and J. L. Cooley. A. J. Moss agrees to sell the said Cooley the N. W. cor-ner of Glenwood ave. and Broyles street, fronting 40 ft. on Glen-wood and back 140 ft. on Broyles st.; the said Moss is to'make deed to said Cooley upon bis paying $300 for said lot, but it is…

1Opinion of the CourtLumpkin, J.

(After stating the facts.) 1. The main bill of exceptions makes a single question: If the contract be treated as valid and binding on Moss, does the declaration allege a breach, giving an immediate right of action ? It has been said that “ A breach of contract may arise in any one of three ways, namely: by renunciation of liability under the contract; by failure to perform the engagement; or by doing something which renders performance impossible.” 7 Am. & Eng. Ene. L. (2d ed.) 149-150. If an agreement is made that one shall convey land to another, find if the former conveys it to a third…

2Cases cited18 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Howard v. . DalyNew York Court of Appeals · 1875
  3. Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
  4. Black v. MaddoxSupreme Court of Georgia · 1898
  5. Morrow v. Southern Express Co.Supreme Court of Georgia · 1897

13 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
  2. Pepsi-Cola Co. v. WrightSupreme Court of Georgia · 1939
  3. Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
  4. Loewenherz v. WeilCourt of Appeals of Georgia · 1925
  5. Oliver Construction Co. v. ReederCourt of Appeals of Georgia · 1910

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API