Redman Bros. v. Mays
Supreme Court of Georgia
Complaint for land. Before Judge Reagan. Butts superior court. March 30, 1906. Redman Brothers brought an action against Mays, and alleged, that during the year 1897 the plaintiffs purchased from Barnes & Sanders one engine and sawmill, together with a tract of land fifty-yards square, on which to erect and maintain a gin-house and yard; that they paid Barnes & Sanders the purchase-price of said land and machinery, viz.: $300; that Barnes & Sanders have failed to make and…
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Complaint for land. Before Judge Reagan. Butts superior court. March 30, 1906. Redman Brothers brought an action against Mays, and alleged, that during the year 1897 the plaintiffs purchased from Barnes & Sanders one engine and sawmill, together with a tract of land fifty-yards square, on which to erect and maintain a gin-house and yard; that they paid Barnes & Sanders the purchase-price of said land and machinery, viz.: $300; that Barnes & Sanders have failed to make and deliver to petitioners a deed to said property, though often requested by petitioners to do so; that petitioners erected…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. In the case of Printup v. Mitchell, 17 Ga. 558, it is said, “A parol contract for land, like the reformation of a deed by parol proof, should be made out so clearly, strongly, and satisfactorily as to leave, no reasonable doubt as to the agreement. It is a serious matter to substitute a parol sale of real estate for a deed.” In the case of Dwight v. Jones, 115 Ga. 744, it is said that the rule just announced above is well settled. See also 26 Am. & Eng. Enc. Law (2d ed.), 130. The evidence in this case fails entirely to measure up to .this standard of strength and…
2Cases cited2 opinions
- Printup v. MitchellSupreme Court of Georgia · 1855
- Dwight v. JonesSupreme Court of Georgia · 1902
3Cited by13 opinions
- Adkins v. FlaggSupreme Court of Georgia · 1917
- Salmon v. McCrarySupreme Court of Georgia · 1944
- Gordon v. SpellmanSupreme Court of Georgia · 1918
- Mickle v. MooreSupreme Court of Georgia · 1941
- Ezell v. MobleySupreme Court of Georgia · 1925
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