Carroll v. Hutchinson
Court of Appeals of Georgia
Complaint, from pity court of Tbomasville — Judge Hansell. February 8, 1907.
1Opinion of the CourtPowell, J.
1. A plea alleging fraud, but not alleging specific acts constituting fraud, should be stricken on demurrer.
2. One who, in the absence of fraud, knowingly gives his promissory notes for a sum of money for the purchase-price of land for which he accepts from the payee of the notes a bond for title, conditioned upon the pay- : ment of that sum, can not defeat the collection, of the notes by show*61ing an antecedent executory agreement on tlie payee’s part to give him tlie land, or a part of the purchase-price, or to sell it to him at a price different from that stated in the written contract.
Compla…
2Cited by8 opinions
- City of Moultrie v. Schofield's Sons Co.Court of Appeals of Georgia · 1909
- Cottle v. TomlinsonSupreme Court of Georgia · 1941
- Henry v. Allstate InsuranceCourt of Appeals of Georgia · 1973
- Jones v. FullerCourt of Appeals of Georgia · 1921
- Ducros v. Peoples Drug StoreCourt of Appeals of Georgia · 1918
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