Butler v. Sams
Supreme Court of Georgia
Complaint. Before Judge Morris. Cobb superior court. January 31, 1911. In an action by B. E. Butler against W. A. Sams the petition alleged' that the defendant was indebted to the plaintiff in the sum of $3,600 principal, and interest, by reason of the following facts: On September 20, 1907, petitioner sold to defendant described land for $10,000, $6,400 of which was to be paid in cash on January 1, 1908, the balance to be paid on the date last mentioned in “nine thousand…
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Complaint. Before Judge Morris. Cobb superior court. January 31, 1911. In an action by B. E. Butler against W. A. Sams the petition alleged' that the defendant was indebted to the plaintiff in the sum of $3,600 principal, and interest, by reason of the following facts: On September 20, 1907, petitioner sold to defendant described land for $10,000, $6,400 of which was to be paid in cash on January 1, 1908, the balance to be paid on the date last mentioned in “nine thousand (9,000) shares of Los Colorados Mining Stock, par value one dollar per share, at the price of forty cents per share, cash…
1Opinion of the CourtAtkinson, J.
Properly construed, the first count was an action on the contract for money, being the balance of the purchase-price alleged to be due for the land. By the record before us there was no agreement to pay the balance of the alleged purchase-price otherwise than in stock; and hence there could be no recovery by the plaintiff under the first count. There was no evidence to show the market value of the stock at the time it was contracted to be delivered; and hence there could be no recovery under the second count. Under these circumstances, a general verdict in favor of the defendant was demanded…
2Cited by4 opinions
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