Cowdery v. Greenlee
Supreme Court of Georgia
Complaint. Before Judge Reid. City court of Atlanta. November 28, 1905. The plaintiff, Mrs. Minnie D. Cowdery, declared on a written contract, signed by her and by the defendant, Mrs. M. H. Greenlee, for the sale by the former to the latter of a house and lot in the City of Atlanta.
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Complaint. Before Judge Reid. City court of Atlanta. November 28, 1905. The plaintiff, Mrs. Minnie D. Cowdery, declared on a written contract, signed by her and by the defendant, Mrs. M. H. Greenlee, for the sale by the former to the latter of a house and lot in the City of Atlanta. The agreed purchase-price was $4,200; the pur■chaser to assume a loan of $2,500 which was an incumbrance on the property and to make a cash payment of $1,700. This agreement was made “subject to right of purchaser to investigate titles to the property and to decline to perform if title of the vendor [should] be…
1Opinion of the CourtEvans, J.
(After stating the facts.)
1. It was not incumbent upon the plaintiff to show, as she undertook to do, that she had perfect title to the property which she had contracted to sell to the defendant. The refusal of the latter to carry out the contract was based upon, two specific objections to the title, and all other objections which were known to the vendee and which might have been, but were not, urged against the sufficiency of the vendor’s title, were waived. Fenn v. Ware, 100 Ga. 563; Atlanta Trust Co. v. Close, 115 Ga. 939; Gavan v. Norcross, 117 Ga. 363. “Where a party gives a reason for…
2Cases cited11 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Irving v. . CampbellNew York Court of Appeals · 1890
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Fenn v. Ware & OwensSupreme Court of Georgia · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- King v. BriceSupreme Court of Georgia · 1916
- Hadden v. Southern Messenger ServiceSupreme Court of Georgia · 1910
- Aboud v. AdamsNew Mexico Supreme Court · 1973
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Metropolitan Life Insurance v. LovettCourt of Appeals of Georgia · 1935
37 more not listed; retrieve them via the Exa API.