James v. Elliott
Supreme Court of Georgia
Misrepresentation. Fraud. Damages. Recoupment. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Elliott sued James for the unpaid part of the purchase-money of certain land which he had sold to James.
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Misrepresentation. Fraud. Damages. Recoupment. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Elliott sued James for the unpaid part of the purchase-money of certain land which he had sold to James. James’ defense was that he told Elliott that he was buying said land solely to make brick, and for that purpose wanted a strip of clay land which Elliott said was part of the lot, and so believing, he took a bond for titles to the lot, went upon it, spent over $800 00 in hiring hands, etc., in preparing to make brick, and then found out that said'strip of land was not a part of…
1Opinion of the Court
Lochrane, Chief Justice.
Upon the trial of this ease, the suit at common law and the bill in equity were tried together. It appeared that Lee L. James purchased from E. R. Elliot a city lot of four acres, in the city of Atlanta, paying a part cash and giving his notes for the balance. The suit at common law was instituted by Elliot against James for the balance of She purchase-money, and James filed his bill in which he alleges that he desired to purchase the lot for the purpose of establishing a brick yard, and that Elliot knew his intention in the premises. He charges that Elliot…
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- Cochran v. JonesSupreme Court of Georgia · 1890
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