Coaling Coal & Coke Co. v. Howard
Supreme Court of Georgia
Complaint. Before Judge Pendleton. Fulton superior court. April 11, 1907. The plaintiff brought an action, in Fulton superior court, 'against E. E. Watson, George P. Howard, and others; the petition as amended alleging, in substance, as follows: On June 20, 1901, the plaintiff, .a corporation, through its president, D. .0. Lyle, sold to E. E. Watson, acting as agent and trustee for himself and the other defendants, certain described lands in Alabama, for a consideration of…
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Complaint. Before Judge Pendleton. Fulton superior court. April 11, 1907. The plaintiff brought an action, in Fulton superior court, 'against E. E. Watson, George P. Howard, and others; the petition as amended alleging, in substance, as follows: On June 20, 1901, the plaintiff, .a corporation, through its president, D. .0. Lyle, sold to E. E. Watson, acting as agent and trustee for himself and the other defendants, certain described lands in Alabama, for a consideration of $20,000, and on the same date Lyle, president, in the name and behalf of the plaintiff, conveyed the property by warranty…
1Opinion of the CourtHolden, J.
(After stating the facts.) 1. The first question to be determined in this case is whether or not this is a suit upon the notes, or a suit outside of the notes on the original consideration for the purchase-price of the land. The notes provided for attorney’s fees, and the original petition stated that the defendants were indebted to the plaintiff for attorney’s fees. This allegation and some others in the original petition were stricken by the amendment allowed by the court, and it does not appear that any objections were offered to the allowance of this amendment, or that any exceptions were…
2Cases cited13 opinions
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Burkhalter v. Perry & BrownSupreme Court of Georgia · 1907
- Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
- Van Dyke v. Van DykeSupreme Court of Georgia · 1905
- Lenney v. FinleySupreme Court of Georgia · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Hushion v. McBrideMassachusetts Supreme Judicial Court · 1936
- Brogan v. FergusonSupreme Court of Florida · 1930
- Harp v. First National BankSupreme Court of Georgia · 1931
- Wood v. KeyCourt of Appeals of Texas · 1923
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