Gaulden v. Shehee
Supreme Court of Georgia
Assumpsit, in Decatur Superior Court. Tried before Judge Allen, at May Term, 1859. This was an action of assumpsit brought by Shehee against Gaulden on a promissory not for $2,500 — said note being part of the agreed price or purchase-money of a settlement of land lying on the Chattahoochee River, sold by Shehee to Gaulden.
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Assumpsit, in Decatur Superior Court. Tried before Judge Allen, at May Term, 1859. This was an action of assumpsit brought by Shehee against Gaulden on a promissory not for $2,500 — said note being part of the agreed price or purchase-money of a settlement of land lying on the Chattahoochee River, sold by Shehee to Gaulden. The defense was, that in the negotiation and treaty for the purchase of said land, the plaintiff misrepresented the quality and quantity of the bottom land, which at the time of the purchase was overflowed, so that defendant could not survey or examine it. This ease was…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The contract of parties and not the opinion of witnesses, is the standard of value for the article sold and bought, taking the article to be of the quality and quantity, or more generally, of the description given to it by the vendor. The agreed price is the price for the article as described, and there must be a deduction from that pricg whenever two things occur: when the article was really below the description, and the description was given by the vendor without an honest belief in its truth, the deduction in price must be in proportion to…
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