Brunswick Co. v. Dart
Supreme Court of Georgia
Petition for specific performance. Before Judge Sweat. Glynn superior court. May term, 1893. In July, 1890, ~W. R. Dart made with W. E. Ray, then the vice-president and attorney for the defendant corporation, a contract for the purchase of a lot of land on St. Simon’s island for $200, no condition or restriction upon a fee simple title being mentioned at the time of the agreement.
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Petition for specific performance. Before Judge Sweat. Glynn superior court. May term, 1893. In July, 1890, ~W. R. Dart made with W. E. Ray, then the vice-president and attorney for the defendant corporation, a contract for the purchase of a lot of land on St. Simon’s island for $200, no condition or restriction upon a fee simple title being mentioned at the time of the agreement. Plaintiff paid the purchase money, took possession and built a'dwelling-house on the lot; and when subsequently he called for his deed, he was offered a deed conveying the property to him and duly executed, but…
1Opinion of the Court
Lumpkin, Justice.
The motion for a new trial contains numerous grounds, but the questions upon which the case really turns are succinctly stated in the head-notes.
1. There can be no doubt that Kay was a general agent of the Brunswick Company, and, as such, had a right to make sales of its lots, though not invested with authority to make and execute deeds or other conveyances. It is also true beyond question that he did sell a lot to Dart without any condition or restriction whatever as to its use; that possession of the lot was delivered to the purchaser, the price paid in full, and that the…
2Cited by7 opinions
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- Clayton v. DeverellSupreme Court of Georgia · 1987
- Stokes v. WrightCourt of Appeals of Georgia · 1917
- Golden v. FrazierSupreme Court of Georgia · 1979
- Thomas v. HoltSupreme Court of Georgia · 1952
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