Glennville Investment Co. v. Grace
Supreme Court of Georgia
Petition for specific performance, etc. Before Judge Bawlings. Tattnall superior court. B. H. Grace brought his equitable petition against the Glennville Investment Company, alleging as follows: On June 15, 1907, plaintiff bought from the defendant ten lots of land in the city of Glenn-ville, Georgia, as evidenced by a written contract containing the following- terms: “This is to certify that the Glennville Investment Co. has received of B. H. Grace, County Toombs, State…
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Petition for specific performance, etc. Before Judge Bawlings. Tattnall superior court. B. H. Grace brought his equitable petition against the Glennville Investment Company, alleging as follows: On June 15, 1907, plaintiff bought from the defendant ten lots of land in the city of Glenn-ville, Georgia, as evidenced by a written contract containing the following- terms: “This is to certify that the Glennville Investment Co. has received of B. H. Grace, County Toombs, State Ga., one hundred dollars, the first installment deposit on application of tep. lots, stores, dwellings, or other buildings…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The arrangement sought to be enforced was plainly a lottery scheme. The seller did not convey or contract to convey any particular lots or land to any certain purchasers. It received from proposed purchasers arbitrarily fixed amounts, without reference to the relative value of the lots into which it had divided its property. These varied very much in value. Whether a purchaser received lots of greater or less value for his money was not determined by contract but by chance. A drawing was had, by which names were put in one box and numbers in another, .and…
2Cases cited4 opinions
- Lynch v. RosenthalIndiana Supreme Court · 1896
- Guenther v. DewienSupreme Court of Iowa · 1860
- Whitley v. McConnellSupreme Court of Georgia · 1910
- Allebach v. GodshalkSupreme Court of Pennsylvania · 1887
3Cited by3 opinions
- Boyd v. Piggly Wiggly Southern, Inc.Court of Appeals of Georgia · 1967
- Standridge v. Williford-Burns-Rice Co.Supreme Court of Georgia · 1918
- Hobbs v. K. & S. Sales Co.Court of Appeals of Georgia · 1926