Phillips v. Poole
Supreme Court of Georgia
Equitable petition. Before Judge Janes. Polk superior court. August term, 1894. The petition of Mrs. Phillips alleged: R. T. Poole is indebted to her, for money had and received, $690 principal, with interest on $338.38 from January 17, 1891, and on the balance of the principal from January 17, 1892, at seven per cent.
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Equitable petition. Before Judge Janes. Polk superior court. August term, 1894. The petition of Mrs. Phillips alleged: R. T. Poole is indebted to her, for money had and received, $690 principal, with interest on $338.38 from January 17, 1891, and on the balance of the principal from January 17, 1892, at seven per cent. On January 17, 1891, he sold to her and to C. Philpot and J. O. Hardwick a three fourths undivided interest in twenty acres of land in the second district and fourth section of Polk county, on the north side of lot 989, in the shape of a parallelogram, giving them bond to make…
1Opinion of the Court
Atkinson, Justice.
The official report states the facts. T.o the proposition stated in thé head-note, it is only necessary to cite the elementary principles embodied in the following authority: “All the persons with whom a contract is made must join in an action for the breach of it. A contract by one person with two jointly does not comprehend or involve a contract with either of them separately, as is evident from the well known doctrine, that a covenant or promise to two, if proved in an action brought by one of them, sustains a plea which denies the existence of the contract.” Dicey on…
2Cases cited1 opinion
- Hays v. LasaterSupreme Court of Arkansas · 1841
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- Thompson v. WatsonSupreme Court of Georgia · 1938
- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- Bernstein v. FagelsonCourt of Appeals of Georgia · 1928
- Hewitt Contracting Co. v. State Highway DepartmentCourt of Appeals of Georgia · 1966