Roughton v. Rawlings
Supreme Court of Georgia
Contract. Statute of frauds. Trust. Before Judge Boynton. Washington superior court. March term, 1891. A demurrer to the equitable petition of RaAAdings against Ronghton Avas overruled, and the defendant excepted.
Read the full summary
Contract. Statute of frauds. Trust. Before Judge Boynton. Washington superior court. March term, 1891. A demurrer to the equitable petition of RaAAdings against Ronghton Avas overruled, and the defendant excepted. The petition as amended alleged that one •Jordan; as executor of Mrs. Ihttman, sold at public outcry to the highest bidder for cash, in March, 1890, as the property of the testatrix, a certain described toAvn lot of land, when the same AAas knocked off to Ronghton • for $895. The lot lies between the dwelling lot of .pctitioner and the residence lot of Rough ton, petitioner having…
1Opinion of the Court
Bleckley, Chief Justice.
The plaintiff has parted with nothing which he pos-es.-ed or owned before. He has the same amount of *822money and property, and has rendered no service nor caused any to be rendered. What he has missed by reason of the defendant’s refusal to perforin the verbal agreement is only the gain which he would have derived from the performance if the defendant had not violated his promise. The mere right to bid for the property at the executor’s sale was not itself property, nor the subject-matter of bargain and sale. The non-exercise of' that right by forbearing to bid was…
2Cases cited5 opinions
- Levy v. . BrushNew York Court of Appeals · 1871
- Graham v. TheisSupreme Court of Georgia · 1873
- Hook v. TurnerSupreme Court of Missouri · 1856
- Parsons v. PhelanMassachusetts Supreme Judicial Court · 1883
- Farnham v. ClementsSupreme Judicial Court of Maine · 1863
3Cited by16 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Jones v. JonesSupreme Court of Georgia · 1943
- Henderson v. NapierSupreme Court of Georgia · 1899
- Lyons v. BassSupreme Court of Georgia · 1899
11 more not listed; retrieve them via the Exa API.