Willis v. Fields
Supreme Court of Georgia
Complaint. Before Judge Worrill. Mitchell superior court. October 23, 1907. Fields brought an action against Cox and Willis for an alleged breach of a written contract, a copy of which was attached to the petition.
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Complaint. Before Judge Worrill. Mitchell superior court. October 23, 1907. Fields brought an action against Cox and Willis for an alleged breach of a written contract, a copy of which was attached to the petition. This contract, the subject-matter of which was the sale by Cox and the purchase by Fields of certain described cattle which Cox was to deliver to Fields in the future, is fully set forth in 123 Ga. 272-274, the case being then before this court upon a Yrit of error sued out by Fields, complaining of the dismissal of the petition, at the appearance term, upon a demurrer thereto…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The original contract, being for the sale of cattle to the amount of more than fifty dollars, to be binding, was required by the statute of frauds to be in writing. Civil Code, §2693 (7). It was in writing. In Augusta Southern Railroad Co. v. Smith, 106 Ga. 864 (33 S. E. 28), it was held: “A contract which must, under the statute of frauds, be in writing, and which, accordingly, is put in writing and duly executed, can not be subquently modified by a parol agreelnent.” Hnder this ruling, it would seem to inevitably follow, in the present case, that the parol…
2Cases cited1 opinion
- Augusta Southern Railroad v. Smith & Kilby Co.Supreme Court of Georgia · 1899
3Cited by9 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Producers Coke Co. v. HooverSupreme Court of Pennsylvania · 1920
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