Seegar v. Smith
Supreme Court of Georgia
Sales. Contracts. Vendor and Purchaser. Specific Performance. Evidence. Fraud. Before Judge Hutch-ins. Jackson Superior Court.
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Sales. Contracts. Vendor and Purchaser. Specific Performance. Evidence. Fraud. Before Judge Hutch-ins. Jackson Superior Court. August Term, 1886. A. B. Smith brought complaint against J. A. Seegar on a promissory note for a balance of $204.07. The defendant pleaded the general issue; that a partial payment had been made for which credit had not been given; that the consideration of the note was a tract of land, which plaintiff represented to defendant contained 50 acres, and for which defendant agreed to give $8 per acre, and accordingly gave this note for the purchase money on such…
1Opinion of the Court
Hall, Justice.
Seegar, the plaintiff in error, purchased from Smith, the defendant in error, fifty acres of land, as he alleges, at $8 per acre. In short, he says he purchased by the acre, and was to pay at that rate for only so much land as he got. On the other hand, it is contended that he purchased the entire tract, estimated to contain fifty acres, “ more or less.’’ As to the terms of this contract, there was a direct conflict of evidence, the preponderance perhaps in favor of Seegar’s version of the affair; at all events, it is a close case and very equally balanced. On the trial, Seegar…
2Cases cited1 opinion
- Fleming v. HillSupreme Court of Georgia · 1880
3Cited by5 opinions
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