Long v. Lewis
Supreme Court of Georgia
Complaint, in Hem y Superior Court. Tried before Judge Starke, January Adjourned Term, 1854. This was an action brought by James II. Lewis, against George T. Long, on a contract stated to have been entered into between them, December 1st, 1850, by which it was agreed that Lewis should serve Long, as overseer, for and during the space of 18 months next ensuing, and that Long should pay him therefor, the sum of One Hundred and Fifty Dollars.
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Complaint, in Hem y Superior Court. Tried before Judge Starke, January Adjourned Term, 1854. This was an action brought by James II. Lewis, against George T. Long, on a contract stated to have been entered into between them, December 1st, 1850, by which it was agreed that Lewis should serve Long, as overseer, for and during the space of 18 months next ensuing, and that Long should pay him therefor, the sum of One Hundred and Fifty Dollars. The declaration stated that plaintiff had performed his part of the contract, for more than three months, and was ready to have performed the whole, but…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The motion for a non-suit in this case, was put on two grounds: First, that-the contract sued on,'was one which was not “to be executed within a year from the making of it”, and yet was not in writing. Second.'That “the plaintiff’s testimony proved that lie left the employment of defendant without any cause, and at his own option and will.” '
[1.] As to the first ground, it is sufficient to say, that it does-not appear, from the declaration, or the proof, that the contract was not in writing. The contract may have been in writing. And as an…
2Cited by2 opinions
- Draper, Moore & Co. v. Macon Dry Goods Co.Supreme Court of Georgia · 1898
- Levy v. RylandNevada Supreme Court · 1910