Morgan v. Patillo

WARKER, Circuit Judge.

This is an appeal from a decree sustaining a motion made by the appellee to dismiss a bill in equity against him by the appellant. The bill contained allegations to the following effect:

On May R 1922, at Atlanta, Ga., appellee, a resident citizen of Fulton county, Ga., agreed orally with appellant, a resident citizen of Duval county, Fla., that he would sell all of the sawmill timber, both pine and cypress, on certain lands in Madison county, Fla., which appellee represented that he owned, and appellant agreed to buy that timber. Thereupon appellee made and delivered to…