Irwin v. Askew
Supreme Court of Georgia
Contracts. Bond for ■ Titles. Vendor and Purchaser. Damages. Words and Phrases. Before Judge Hammond. Clayton Superior Court.
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Contracts. Bond for ■ Titles. Vendor and Purchaser. Damages. Words and Phrases. Before Judge Hammond. Clayton Superior Court. September Term, 1884. To the report contained in the decision, it is only necessary to add the following: The contract of sale on which this suit was based stated that Irwin had contracted to sell to Askew certain described land for $700.00, of which $350.00 was to be paid January 1,1883, and $350.00 January 1,1884. The condition was as follows: “Now, if the said John T. Askew well-and truly pays the sums above mentioned, at the time they become due, then I bind…
1Opinion of the Court
Jackson, Chief Justice.
An action for damages was brought by Askew against Irwin, on the allegation that the latter had, by written agreement, obligated himself to make title to the former to a tract of land upon his payment of a certain sum of money, and failed to comply with his contract, and so in*585formed Askew that he could not and would not, because he could not give possession, another being in the occupancy of the land. The jury found for the plaintiff some hundred and fifty dollars, and a motion for a new trial being denied defendant, he excepted and assigned as error that denial.
1. The…
2Cases cited4 opinions
- Mechanics' Bank of Alexandria v. WithersSupreme Court of the United States · 1821
- Brigham v. EvansMassachusetts Supreme Judicial Court · 1873
- Plummer v. RigdonIllinois Supreme Court · 1875
- Bryant v. HambrickSupreme Court of Georgia · 1850
3Cited by10 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Arentsen v. MorelandWisconsin Supreme Court · 1904
- Mobley v. LottSupreme Court of Georgia · 1907
- Kerr v. HammondSupreme Court of Georgia · 1895
- Pope v. BarnettCourt of Appeals of Georgia · 1932
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