Morrison v. Dickey
Supreme Court of Georgia
Complaint. Before Judge Calhoun. City court of Atlanta. June 13, 1903. It appears that Mrs. Morrison owned a business in Atlanta known as the E E-M Co.,' and on May 29, 1900, through her husband, sold to Dickey a half interest therein, in consideration of $500 cash, and “750 to be paid as provided hereafter;” Dickey agreeing to pay into the business from-time to time, as needed, other sums alleged in the declaration to be $2,500. Mrs. Morrison having, on December 9, 1902,…
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Complaint. Before Judge Calhoun. City court of Atlanta. June 13, 1903. It appears that Mrs. Morrison owned a business in Atlanta known as the E E-M Co.,' and on May 29, 1900, through her husband, sold to Dickey a half interest therein, in consideration of $500 cash, and “750 to be paid as provided hereafter;” Dickey agreeing to pay into the business from-time to time, as needed, other sums alleged in the declaration to be $2,500. Mrs. Morrison having, on December 9, 1902, sued Dickey for the $750, it appears that on March 10, 1903, she sold him the balance of her interest in the business for…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) The jury having found for Dickey on the plea of settlement, it is not necessary to consider assignments relating to other -branches of the case. From an inspection of the general charge; which was included in the record, it does appear that the trial judge in one portion thereof did submit to the jury the question as to whether there was any consideration other than the $750 note; and also instructed them that if there was no consideration for the settlement, it was nudum pactum. But these general observations were inconsistent with the pointed and…
2Cases cited1 opinion
- Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1903
3Cited by26 opinions
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- Dent v. Memorial Hospital of AdelSupreme Court of Georgia · 1998
- Preston v. HamSupreme Court of Georgia · 1923
- Savannah Electric Co. v. McClellandSupreme Court of Georgia · 1907
- Grant v. StateSupreme Court of Georgia · 1905
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