Spears v. Scott
Supreme Court of Georgia
Complaint. Before Judge Gober. Cherokee superior court. •September term, 1899. J. P. Spears as administrator of George W. Jefferson, deceased, sued A. K. Scott to recover the sum of $787.91, with interest from March 8, 1895, setting up, in substance, the following facts: On said date Jefferson made a contract with Scott to sell to him land lot 193 and the east half of land lot 169, in the 23d district and seventh section of Cherokee county, on the following terms: Jefferson…
Read the full summary
Complaint. Before Judge Gober. Cherokee superior court. •September term, 1899. J. P. Spears as administrator of George W. Jefferson, deceased, sued A. K. Scott to recover the sum of $787.91, with interest from March 8, 1895, setting up, in substance, the following facts: On said date Jefferson made a contract with Scott to sell to him land lot 193 and the east half of land lot 169, in the 23d district and seventh section of Cherokee county, on the following terms: Jefferson owed Scott $1,000 with interest, James R. Brown $1,000 with interest, and Mrs. M. E. Strickland, as guardian of R. L.…
1Opinion of the CourtFish, J.
Whether Strickland, the mortgagee, could have brought, either at law or in equity, an action against Scott, on his alleged promise to Jefferson, his grantor, to pay the mortgage debt, is a question upon which the decisions of the courts of the several States are in great conflict. See Clark on Contracts, 513,' et seq.; 7 Am. & Eng. Ene. L. (2d ed.) 104, etseq. *749In Empire State Ins. Co. v. Collins, 54 Ga. 376, and Austell v. Humphries, 99 Ga. 408, this court held, in effect, that one for whose benefit a contract was made between others, to the consideration of which he was a stranger, could not…
2Cases cited4 opinions
- Empire State Insurance v. CollinsSupreme Court of Georgia · 1875
- Bell v. McGradySupreme Court of Georgia · 1861
- Austell v. HumphriesSupreme Court of Georgia · 1896
- Williams v. MoodySupreme Court of Georgia · 1894
3Cited by6 opinions
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Morgan v. ArgardSupreme Court of Georgia · 1918
- National Mortgage Corp. v. BullardSupreme Court of Georgia · 1934
- Cook & Co. v. CrossSupreme Court of Georgia · 1970
- Woodside v. State Highway DepartmentSupreme Court of Georgia · 1960
1 more not listed; retrieve them via the Exa API.