Legal Opinion
Fields v. Burlington
Court of Appeals of Georgia
Decided May 11, 1917No. 8197PublishedCited by 7 opinions
Complaint; from Turner superior court—Judge Cox. February 7. 1916.
1Opinion of the CourtBroyles, P. J.
1. Under the facts disclosed by the record it does not appear that the court abused its discretion in refusing to grant a second continuance in the case.
2. Where A agrees orally to pay to B a debt which C owes to B, to take the transaction without the operation of the statute of frauds it must appear that A, B, and C—all three—concurred in this agreement. Palmetto Manufacturing Co. v. Parker, 123 Ga. 798 (51 S. E. 714). In the instant case the alleged oral agreement was made solely between the plaintiff and the defendant. The defendant promised to pay to the plaintiff the debt due to the…
2Cases cited5 opinions
- Lowry Banking Co. v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Palmetto Mfg. Co. v. Parker & AndersonSupreme Court of Georgia · 1905
- Monroe Mercantile Co. v. Arnold & McCordSupreme Court of Georgia · 1899
- Childs v. PonderSupreme Court of Georgia · 1903
- Pearce & Co. v. Stone Tobacco Co.Supreme Court of Georgia · 1906
3Cited by7 opinions
- Gibson & DeJournette v. GrahamCourt of Appeals of Georgia · 1919
- Graham v. Nash Loan Co.Court of Appeals of Georgia · 1935
- Friedlin v. CrockinSupreme Court of Virginia · 1918
- Buice v. SmithCourt of Appeals of Georgia · 1950
- Little v. WhitingCourt of Appeals of Georgia · 1930
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