Potts v. Riddle
Court of Appeals of Georgia
Complaint, from city court of Newnari — Judge Freeman. January 30, 1908. D. H. Kiddle sued W. A. Potts on a written contract, and there was a verdict for the plaintiff. The contract attached to the petition was as follows: “Georgia, Coweta county.
Read the full summary
Complaint, from city court of Newnari — Judge Freeman. January 30, 1908. D. H. Kiddle sued W. A. Potts on a written contract, and there was a verdict for the plaintiff. The contract attached to the petition was as follows: “Georgia, Coweta county. Know all men by these-presents, that whereas Will Dews is indebted to D. H. Kiddle, of Goodwater, Ala., in the sum of $272, evidenced by seve-nteeen notes in the sum of $16 each, payable monthly, and whereas the said Kiddle is on the bond of said Dews for $500, for the appearance of the said Dews before the county court of Clay county, on a charge…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
We think the court properly overruled the demurrer to the petition, The petition fully and specifically set forth a cause of action against the defendant, upon the contract attached as part of the petition; and the special contention raised, that the contract is unenforceable because it is contrary to public policy, and void, because in violation of the constitution, is without merit/ We *382think the court, upon consideration of the demurrer, properly construed the contract. Not only is the construction which will uphold a contract as a whole and in every part…
2Cases cited10 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
- Branan v. LeeCourt of Appeals of Georgia · 1908
- Hawkins v. CollierSupreme Court of Georgia · 1897
- Reynolds & Hamby Estate Mortgage Co. v. MartinSupreme Court of Georgia · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Southern Loan Co. v. McDanielCourt of Appeals of Georgia · 1934