McDonald v. Rimes
Supreme Court of Georgia
Attachment. Before Judge Seabrook. .Liberty superior court. September 20, 1910. The bill of exceptions recites that C. J. McDonald sued out against H. P., T. T., and B. D. Bimes an attachment for purchase-money, returnable to the superior court, and at the first term filed his declaration in attachment, which was amended, and afterward was dismissed on general demurrer. Error is assigned on the judgment.
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Attachment. Before Judge Seabrook. .Liberty superior court. September 20, 1910. The bill of exceptions recites that C. J. McDonald sued out against H. P., T. T., and B. D. Bimes an attachment for purchase-money, returnable to the superior court, and at the first term filed his declaration in attachment, which was amended, and afterward was dismissed on general demurrer. Error is assigned on the judgment. The declaration as amended alleged, in substance, the following: On or about July 25, 1909, the plaintiff by written contract agreed to sell to defendants a described storehouse and fixtures…
1Opinion of the CourtAtkinson, J.
1. The ruling announced in the first headnote does not require elaboration.
2. The demurrer admits the truth of the allegations. So considered, the terms of sale were stated, which included, among others, the right of the vendor to remain in possession free of rent for a specified time, and thereafter at stipulated rent, until the vendees should require possession. The contract was entire, and contemplated realty and personalty alike, for which one gross amount was to be paid. The payments were to be in installments, due at different times. The vendor executed and delivered to the vendees a…
2Cited by5 opinions
- Martin v. McLainCourt of Appeals of Georgia · 1935
- Ramsey v. LangleyCourt of Appeals of Georgia · 1952
- Flagg v. HitchcockSupreme Court of Georgia · 1915
- Payne v. Chal-Max Motor Co.Court of Appeals of Georgia · 1920
- Hensley v. MinehanCourt of Appeals of Georgia · 1922