Pappa v. Pope
Court of Appeals of Georgia
Action, for 'breach of contract; from Wilkes superior court— Judge Walker. November 7, 1917. - Pappa-sued Pope for breach of a contract to exchange land. From the petition it appears that on August 3, 1916, the plaintiff and the defendant made a written contract for the exchange of certain town lots and farm lands.
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Action, for 'breach of contract; from Wilkes superior court— Judge Walker. November 7, 1917. - Pappa-sued Pope for breach of a contract to exchange land. From the petition it appears that on August 3, 1916, the plaintiff and the defendant made a written contract for the exchange of certain town lots and farm lands. Among the lots described are “38 lots located on Bast Fair Street and East End Avenue in DeKalb county, Ga.,” and the contract, after stating that Pappa “is the owner” of these lots, adds that “title to the above-mentioned property on East Fair Street and East End Avenue is in the…
1Opinion of the CourtBroyles, P. J.
Under the particular facts of the case the court erred in dismissing the amended petition on general demurrer.
Judgment reversed.
2ConcurrenceBloodworth, J.
Harwell, J., concurs du'bitante. By amendment it was alleged: “25. The said contract was fully known and authorized by the said plaintiff’s wife,- Mrs. Katie ■ Pappa, and as to her property he acted as her agent and in her behalf, and she was ready and willing and had agreed to convey said property at any time to the said defendant, or otherwise as said defendant might direct, and petitioner was thus at all times ready, willing, and able to deliver good title to said…
3Cases cited16 opinions
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Tippins v. PhillipsSupreme Court of Georgia · 1905
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Cain v. LigonSupreme Court of Georgia · 1883
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