Talley v. Matthews
Court of Appeals of Georgia
Complaint; from DeKalb superior court—Judge Smith. August 30, 1918. The suit was based on an agreement alleged to have been made by the defendant when Mrs. Talley, the plaintiff, transferred to him a bond for title, the written transfer of which was as follows: "For value received I hereby sell, transfer, and assign all my right, title, and interest in and to the within bond for title to C. A..
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Complaint; from DeKalb superior court—Judge Smith. August 30, 1918. The suit was based on an agreement alleged to have been made by the defendant when Mrs. Talley, the plaintiff, transferred to him a bond for title, the written transfer of which was as follows: "For value received I hereby sell, transfer, and assign all my right, title, and interest in and to the within bond for title to C. A.. Matthews upon conditions recited in said bond, and the said R. F. Davis [maker of the bond] is authorized and instructed to execute deed in accordance with terms set forth within. Given under my hand…
1Opinion of the CourtBroyles, P. J.
1. The court did not err in dismissing the petition on general demurrer.
2. As this ruling controls the case, it is unnecessary to consider the judgment overruling the special demurrers.
Judgment affirmed.
Bloodworth and Stephens, JJ., concur. The defendant demurred generally and specially, contending that the petition was an attempt to modify, add to, or alter by oral testimony the written contract by which the bond for title was transferred to the defendant. The court sustained the demurrer and dismissed the petition, and the plaintiff excepted.' Hill & Adams, for plaintiff, cited:
Civil Code…
2Cases cited8 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Burke v. NapierSupreme Court of Georgia · 1898
- Pavlovski v. KlassingSupreme Court of Georgia · 1910
- Pitts v. AllenSupreme Court of Georgia · 1883
- Patterson v. Ramspeck & GreenSupreme Court of Georgia · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burns v. StateSupreme Court of Georgia · 1940