Wagener v. Forsyth County
Supreme Court of Georgia
Complaint. Before Judge Morris. Forsyth, superior court-August 25, 1909. Fred Wagener, who sued for the use of the Bank of Cumming, brought his petition against Forsyth County, alleging as- follows: H. Y. Jones, as ordinary of said count)’, being duly authorized under the law so to do, in behalf of the county entered into' a contract in writing with petitioner, wherein it was agreed that the latter would furnish material and erect a court-house for said county, according to…
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Complaint. Before Judge Morris. Forsyth, superior court-August 25, 1909. Fred Wagener, who sued for the use of the Bank of Cumming, brought his petition against Forsyth County, alleging as- follows: H. Y. Jones, as ordinary of said count)’, being duly authorized under the law so to do, in behalf of the county entered into' a contract in writing with petitioner, wherein it was agreed that the latter would furnish material and erect a court-house for said county, according to plans and specifications prescribed for the same, for $24,000, to be paid in instalments, and that the work should be…
1Opinion of the CourtBeck, J.
(After the foregoing statement.) As appears from the bill of exceptions and the judgment of the court, the plaintiff’s petition was dismissed upon the general demurrer.
I. The contract with the county, relied on by the plaintiff as the ■foundation of his right to recover against defendant, was in writing, as is required by law, but it was not entered on the minutes, as prescribed in ■§ 343 of the Political Code, before the work of erecting the court-house had begun, nor even during the progress of that work. Subsequently to the completion of the building and the delivery of it to the county…
2Cases cited1 opinion
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
3Cited by13 opinions
- PMS Construction Co. v. DeKalb CountySupreme Court of Georgia · 1979
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- Weathers v. EasterlingSupreme Court of Georgia · 1922
- Graham v. BeachamSupreme Court of Georgia · 1939
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