Lane v. Lodge
Supreme Court of Georgia
Equitable petition. Before Judge Frank Park. Grady superior court. September 6, 1911. The substance of the petition as finally amended was as follows: The plaintiff, J. W. Lane, and the defendant, G. F. Lodge, on September 15, 1910, entered into an agreement to form a partnership for the purpose of conducting a turpentine business.
Read the full summary
Equitable petition. Before Judge Frank Park. Grady superior court. September 6, 1911. The substance of the petition as finally amended was as follows: The plaintiff, J. W. Lane, and the defendant, G. F. Lodge, on September 15, 1910, entered into an agreement to form a partnership for the purpose of conducting a turpentine business. They agreed that Lodge should purchase the interest of one McElvey in the firm of McElvey & Lodge, then engaged in such business— Lane and Lodge each to “put up” $1,000 in cash to be paid to McElve]'-. The balance of the purchase-price was to be paid Mc-Elvejq…
1Opinion of the CourtFisit, C. J.
(After stating the foregoing facts.)
1. We will first deal with the cross-bill of exceptions, wherein error i's assigned upon the overruling of the demurrers to the petition. As to the general demurrer, the only points referred to by counsel for plaintiff in error in the cross-bill are: (a) that the petition as amended seeks to recover upon facts arising after the commencement of the suit; (&) that there was no consideration moving to the defendant to support the alleged contract for the breach of which the action was brought; (c) that there was no mutuality of contract. There is no merit in…
2Cases cited9 opinions
- Anderson v. BrownSupreme Court of Georgia · 1884
- Davenport v. BuchananSouth Dakota Supreme Court · 1894
- Pennybacker v. LearySupreme Court of Iowa · 1884
- Booth v. SaffoldSupreme Court of Georgia · 1872
- Fountain v. MenardSupreme Court of Minnesota · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Neely v. SheppardSupreme Court of Georgia · 1938
- Chatham Amusement Co. v. PerrySupreme Court of Georgia · 1960
- Floyd v. KicklighterSupreme Court of Georgia · 1912
- Harris v. UnderwoodSupreme Court of Georgia · 1951
- Wells v. H. W. Lay Company Inc.Court of Appeals of Georgia · 1948
14 more not listed; retrieve them via the Exa API.