Hill v. Balkcom
Supreme Court of Georgia
Contracts. Actions. Quantum Meruit. Indebitatus Assumpsit. Before Judge John T. Clarke. Quitman Superior Court. March Term, 1887. The contract sued on in this case was as follows: “ Wo, the undersigned, patrons of ‘ Grange Hall Academy,’ do agree to pay W. A. Hill the several amounts annexed to our names for teaching a term of nine month?, including public school, at the above named academy, commencing the first day of September next, tuition payable on first day of…
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Contracts. Actions. Quantum Meruit. Indebitatus Assumpsit. Before Judge John T. Clarke. Quitman Superior Court. March Term, 1887. The contract sued on in this case was as follows: “ Wo, the undersigned, patrons of ‘ Grange Hall Academy,’ do agree to pay W. A. Hill the several amounts annexed to our names for teaching a term of nine month?, including public school, at the above named academy, commencing the first day of September next, tuition payable on first day of September, 18S5. This the 7th August, 1884.” This was signed “J. M. Balkeom, $45,” among other signatures.
1Opinion of the Court
Blandford, Justice.
Hill brought this action against Balkeom upon a coni ract, in which he (Hill) had agreed to teach Balkcom’s children, together -with other children, for nine months' for $45. The court below held that, inasmuch as he showed that he did not teach but eight and a half months, he could not recover. To this ruling Hill excepted, and this is the error complained of here.
"VVo think the court below was right in its ruling. Had the suit been upon a quantum, meruit or a general indebitatus assumpsit, it would have presented a very different question. But where the action was upon…
2Cases cited6 opinions
- Coweta Falls Manufacturing Co. v. RogersSupreme Court of Georgia · 1856
- Hancock v. RossSupreme Court of Georgia · 1855
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- Allen v. BrownSupreme Court of Georgia · 1871
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3Cited by21 opinions
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- Burns v. MitchellCourt of Appeals of Georgia · 1937
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