Stokes v. Humphries
Supreme Court of Georgia
Equitable petition. Before Judge Kent. Twiggs superior court. March 2, 1921. The essential facts alleged in the petition brought by Stokes against Humphries and Waters are as follows: Stokes held an option on a tract of land belonging to the Napiers, for $30,000. Stokes found a party willing to pay $38,000 for the land, and was about to consummate a sale to him' whereby he would realize a profit of some $8,000, when Humphries advised him that the land with its valuable…
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Equitable petition. Before Judge Kent. Twiggs superior court. March 2, 1921. The essential facts alleged in the petition brought by Stokes against Humphries and Waters are as follows: Stokes held an option on a tract of land belonging to the Napiers, for $30,000. Stokes found a party willing to pay $38,000 for the land, and was about to consummate a sale to him' whereby he would realize a profit of some $8,000, when Humphries advised him that the land with its valuable timber was worth much ..more than that amount; that the timber alone was worth' $45,000 above the cost of cutting, sawing and…
1Opinion of the CourtFish, C. J.
(After stating the foregoing, facts). The note which was executed by Stokes, the plaintiff in error, to Humphries for $10,000, and the bond for title which Humphries then executed and delivered to Stokes, taken together, constituted a single contract in writing. While Stokes did not sign the bond for title, he did sign the note; and before he could have the right to submit oral evidence to vary or contradict the terms of the contract as contained in the writing, it would be necessary for him to show that the contract was obtained by fraud or executed by mistake relievable in equity. The two…
2Cases cited1 opinion
- Weaver v. RobersonSupreme Court of Georgia · 1910
3Cited by6 opinions
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