Goolsby v. Bush
Supreme Court of Georgia
Statute of frauds. Criminal law. Settlement. Before Judge Pottle. Oglethorpe Superior Court. April Term, 1874. Bush sued Goolsby, in the justice court of the two hundred and thirty-sixth district, on the following account: 1872. « Toliver B. Goolsby, “ To William W. Bush, Dr. “To 41-|- bushels corn at $1 31 per bushel.......$54 00 “To balance due on horse........................... 28 00 $82 00” The defendant pleaded the general issue, want of consideration, the statute of…
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Statute of frauds. Criminal law. Settlement. Before Judge Pottle. Oglethorpe Superior Court. April Term, 1874. Bush sued Goolsby, in the justice court of the two hundred and thirty-sixth district, on the following account: 1872. « Toliver B. Goolsby, “ To William W. Bush, Dr. “To 41-|- bushels corn at $1 31 per bushel.......$54 00 “To balance due on horse........................... 28 00 $82 00” The defendant pleaded the general issue, want of consideration, the statute of frauds, and that if he promised to pay the account sued on it was in consideration of.the suppression of a prosecution…
1Opinion of the Court
Trippe, Judge.
1. Plaintiff beloAv gave up to the defendant his claim to the servant Booker, under the contract that defendant would pay him the debt due from Martin, the father of Booker. . That portion of the contract was executed. Plaintiff lost Brooker’s services toward paying the debt due from Martin, and the defendant got them and also the services of Martin himself *356under a promise to pay plaintiff’s debt. Section 1951 of the Code excepts from the operation of the statute of frauds all cases where there has been performance on one side accepted by the other in accordance with…
2Cited by8 opinions
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- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
- Childs v. StateCourt of Appeals of Georgia · 1968
- Armstrong v. ReynoldsCourt of Appeals of Georgia · 1927
- Johnson v. Stapleton Co.Supreme Court of Georgia · 1909
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