Draper, Moore & Co. v. Macon Dry Goods Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Felton. Bibb superior court. April term, 1897. The defendant demurred to the petition as amended, on the grounds: (1) that no cause of action is set out; (2) the facts set up in the declaration show that the contract upon which the plaintiffs seek to recover is contrary to the statute of frauds, in that there was no sale, delivery, or payment for the goods alleged to have been purchased by plaintiffs; and (3) there is no law…
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Action for breach of contract. Before Judge Felton. Bibb superior court. April term, 1897. The defendant demurred to the petition as amended, on the grounds: (1) that no cause of action is set out; (2) the facts set up in the declaration show that the contract upon which the plaintiffs seek to recover is contrary to the statute of frauds, in that there was no sale, delivery, or payment for the goods alleged to have been purchased by plaintiffs; and (3) there is no law authorizing such a suit. The court sustained the demurrer and dismissed the case. The petition alleged: On February 9, 1897,…
1Opinion of the CourtLewis, J.
The contract, which is the basis of the plaintiff’s action in this case, is such a one as the statute of frauds requires to be in writing. Civil Code, §2693, 7. Inasmuch as the declaration did not disclose the fact that the contract was in writing, counsel for defendant in error contended that the court did not err in dismissing the same upon demurrer." Neither the petition nor the amendment thereto sets forth whether or not the contract was in writing; hence the question arising in this case is: Does the law of pleading require the plaintiff who brings an action on such a contract to allege…
2Cases cited5 opinions
- Logan v. BondSupreme Court of Georgia · 1853
- Printup v. JohnsonSupreme Court of Georgia · 1855
- Long v. LewisSupreme Court of Georgia · 1854
- Piercy v. AdamsSupreme Court of Georgia · 1857
- Turner v. Stewart Mercantile Co.Supreme Court of Georgia · 1894
3Cited by21 opinions
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Georgia, Florida & Alabama Railway Co. v. ParsonsCourt of Appeals of Georgia · 1913
- Walker v. EdmundsonSupreme Court of Georgia · 1900
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