Parker v. Cramton
Supreme Court of Georgia
Action for breach of contract. Before Judge Park. Greene superior court. July 30, 1914. F. J. Cramton brought suit against W. J. Parker, alleging in substance as follows: On January 25, 1905, Parker executed to the plaintiff a warranty deed to certain real estate in Alabama, for which the plaintiff paid $10,250. On December 25, 1905, certain persons brought suit in equity against Cramton in the city court of Montgomery Alabama, a court having proper jurisdiction, claiming a…
Read the full summary
Action for breach of contract. Before Judge Park. Greene superior court. July 30, 1914. F. J. Cramton brought suit against W. J. Parker, alleging in substance as follows: On January 25, 1905, Parker executed to the plaintiff a warranty deed to certain real estate in Alabama, for which the plaintiff paid $10,250. On December 25, 1905, certain persons brought suit in equity against Cramton in the city court of Montgomery Alabama, a court having proper jurisdiction, claiming a one-third undivided interest in the property under a paramount title. Notice of the suit was served on Parker, and a…
1Opinion of the CourtLumpkin, J.
1. The defendant pleaded that the plaintiff had an opportunity to settle with the claimants of the one-third interest in the property for $50, but failed and refused to do so, and therefore that the defendant was not in any event liable for more than that sum. This is an effort to apply the rule, that where one is injured by a breach of contract he is bound to lessen the damages as far as practicable by the use of ordinary care and diligence (Civil Code (1910) § 4398), to a case to which it is not applicable. When sued, the warrantee was not bound to compromise. Had he done so without the…
2Cases cited2 opinions
- Chattanooga, Rome & Columbus Railroad v. JacksonSupreme Court of Georgia · 1891
- Sloan v. WolfsfeldSupreme Court of Georgia · 1900
3Cited by2 opinions
- SOUTHWIND TRUCKING CO., INC. v. HarveyCourt of Appeals of Georgia · 1957
- SOUTHWIND TRUCKING CO., INC. v. HarveyCourt of Appeals of Georgia · 1957