Smith v. Eason
Supreme Court of Georgia
Warranty. Failure of consideration. Equitable remedy. Pleading. Amendment. Before Judge Clark. Schley Superior Court. April Term, 1872. Edmond I). Eason brought complaint against Samuel Smith upon a promissory note for $1,249, due January 1st, 1871. The defendant pleaded the general issue and partial failure of consideration.
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Warranty. Failure of consideration. Equitable remedy. Pleading. Amendment. Before Judge Clark. Schley Superior Court. April Term, 1872. Edmond I). Eason brought complaint against Samuel Smith upon a promissory note for $1,249, due January 1st, 1871. The defendant pleaded the general issue and partial failure of consideration. It appeared from the evidence that the note sued on was given as a part of the purchase-money for certain lots of land, and amongst them, lot number two hundred and fifteen; that Eason gave his bond for titles to Smith, obligating himself as follows: “ Now should the…
1Opinion of the Court
McCay, Judge.
Here was a written contract, by which the plaintiff below agreed to make titles to a certain tract of real estate within certain specified boundaries. The plea is, that the contract has failed; that, in fact, before the bond was made, he had sold a part of the land within the boundaries to another person, and that such person was and still is in possession. This is a clear breach of the bond, and the defendant is entitled to recoup to the amount of the value of the land sold off.
The reply is, this is a small matter covered by the words “more or less.” Were the deficit merely a…
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