Wood & Brother v. Jones & Son
Court of Appeals of Georgia
Complaint; from city court of Statesboro — Judge J. Hartridge Smith presiding. The suit was upon a promissory note dated September 12, 1906, and due January 12, 1907, payment of which was secured by a deed to land.
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Complaint; from city court of Statesboro — Judge J. Hartridge Smith presiding. The suit was upon a promissory note dated September 12, 1906, and due January 12, 1907, payment of which was secured by a deed to land. Contemporaneously with the note and the deed the defendants executed a writing in which they agreed that in consideration of advances aggregating the principal of the note sued on, they would deliver to the plaintiffs, for sale for account of the defendants, one bale of upland cotton for every ten dollars which had been or might be advanced. This instrument was not signed by the…
1Opinion of the CourtPottle, J.
(After stating the foregoing facts.)
One ground of the demurrer raised the point that the defendants were not entitled in this action to recoup the damages which they claimed to have sustained by reason of the. breach of contract by the plaintiffs. The defendants alleged that the consideration which moved them to execute the note sued on and the deed which ' was given to secure it was the express contract then and there made with the plaintiffs, under which they agreed to hold the defendants’ cotton until instructed by them to sell. “Between the parties themselves any mutual demands, existing…
2Cases cited4 opinions
- Whigham v. FountainSupreme Court of Georgia · 1909
- Gordon & Co. v. CobbCourt of Appeals of Georgia · 1908
- Hatcher v. Comer & Co.Supreme Court of Georgia · 1884
- Gray v. BassSupreme Court of Georgia · 1871
3Cited by7 opinions
- Bennett v. Tucker & PenningtonCourt of Appeals of Georgia · 1924
- Campbell v. Redwine Bros.Court of Appeals of Georgia · 1918
- Commercial Credit Co. v. AnthonyCourt of Appeals of Georgia · 1934
- Leffler Co. v. Pearson & SonCourt of Appeals of Georgia · 1915
- Planters Warehouse Co. v. HardinCourt of Appeals of Georgia · 1923
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