Happ Bros. v. Hunter Manufacturing & Commission Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Mathews. Bibb superior court. May 1, 1915.
1Per curiam
1. A plaintiff can not sue on one contract and recover on a different one. But if he declares on a written contract as signed by the defendant, he may, if other necessary facts be proved, recover on proof that the contract (being one required by the statute of frauds to be in writing and signed by the party to be bound, or some person lawfully authorized by him) was signed by another, if not disqualified by law from acting for the defendant in so signing, in the presence of the party sought to be charged, and at his instance, direction, or request, or with his consent. 2 C. J. 451, 452, and…
2Cases cited7 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Fidelity & Deposit Co. v. ButlerSupreme Court of Georgia · 1908
- Reinhart v. MillerSupreme Court of Georgia · 1857
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Manley v. StateSupreme Court of Georgia · 1928
- Baker v. Lowe Electric Co.Court of Appeals of Georgia · 1933
- Investment Securities Corp. v. ColeSupreme Court of Georgia · 1938
- Newark Fire Insurance v. SmithSupreme Court of Georgia · 1932
8 more not listed; retrieve them via the Exa API.