Sext v. Geise & Co.
Supreme Court of Georgia
Statute of frauds. Contracts. Onus probandi. Before Judge Richard EL Clark. Dekalb superior court. August term, 1887. In December, 1883, suit was brought by Geise & Company against J. Sext on an open account for $178.11, for lumber furnished at different dates from September 27 to October 9,1883. The.defendant pleaded “ not indebted.”
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Statute of frauds. Contracts. Onus probandi. Before Judge Richard EL Clark. Dekalb superior court. August term, 1887. In December, 1883, suit was brought by Geise & Company against J. Sext on an open account for $178.11, for lumber furnished at different dates from September 27 to October 9,1883. The.defendant pleaded “ not indebted.” On the trial, it was shown that lumber had Been sold to one McManaman to build a house for Sext, but after about 3,000 feet of the lumber had been delivered, Geise & Co. became doubtful as to the ability or disposition of McManaman to pay; and in a conversation…
1Opinion of the Court
Bleckley, Chief Justice.
Under the evidence in the record, the main question was whether there was a valid debt as between the parties litigant. The charge of the court, carved up as in the motion for a new trial, may contain inaccuracies, but the whole charge taken together is free from substantial error, though it embraces some matter which we deem irrelevant. If the supply of lumber was about to stop, and the owner of the building procured its continuance by promising to pay for it, his undertaking was not collateral but original, and he is bound. We rather think the evidence makes this…
2Cited by8 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Highsmith v. National Linen Service Corp.Court of Appeals of Georgia · 1940
- Hicks v. WalkerCourt of Appeals of Georgia · 1915
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