Watters v. Hertz
Supreme Court of Georgia
Action for breach of contract. Before Judge Wright. Eloyd superior court. November 17, 1909. In this ease Rebecca Hertz sued J. C. Doss and Allie W. Watters, setting forth in the petition the identical contracts contained in the original petition in the action brought by the same plaintiff against Watters, and appearing in the statement of facts in the case of Watters v. Hertz, ante, 804.- In that case the plaintiff sued to recover of Watters the tract of land described in…
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Action for breach of contract. Before Judge Wright. Eloyd superior court. November 17, 1909. In this ease Rebecca Hertz sued J. C. Doss and Allie W. Watters, setting forth in the petition the identical contracts contained in the original petition in the action brought by the same plaintiff against Watters, and appearing in the statement of facts in the case of Watters v. Hertz, ante, 804.- In that case the plaintiff sued to recover of Watters the tract of land described in the contract, and for the rental of the same; while in the case in hand she sued both Doss and Watters for an alleged…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The meaning of the petition as amended, construed in the light of the contracts set .forth, briefly stated, is as follows: The plaintiff, in consideration that Doss would build a dwelling of stated style and dimensions on a given parcel of land, and would enclose the land with a wire fence of a certain kind (all to be accomplished within a prescribed time), transferred to him the right to cut and remove the timber and cord-wood from the land. Contemporaneously with the signing by Doss of the last contract between him and the plaintiff, which was merely an…
2Cases cited1 opinion
- Fields v. WillisSupreme Court of Georgia · 1905
3Cited by4 opinions
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Smith v. AultmanCourt of Appeals of Georgia · 1923
- Paris v. Farmers & Merchants BankSupreme Court of Georgia · 1915
- Braxley v. StateSupreme Court of Georgia · 1915