Cooley v. Moss
Supreme Court of Georgia
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.
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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
- Roehm v. HorstSupreme Court of the United States · 1900
- Howard v. . DalyNew York Court of Appeals · 1875
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- Black v. MaddoxSupreme Court of Georgia · 1898
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Pepsi-Cola Co. v. WrightSupreme Court of Georgia · 1939
- Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Oliver Construction Co. v. ReederCourt of Appeals of Georgia · 1910
29 more not listed; retrieve them via the Exa API.