Legal Opinion

McGaughey Bros. v. Latham

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 31 opinions

Contracts. Statute of frauds. Practice in the Supreme Court. Before Judge Clark. City Court of Atlanta. December Term, 1878. McGaughey Bros, brought complaint against Battle and Latham on an account which was headed as follows : “ John C. Battle, Jas. M. Latham, security, in account with McGaughey Bros.”

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Contracts. Statute of frauds. Practice in the Supreme Court. Before Judge Clark. City Court of Atlanta. December Term, 1878. McGaughey Bros, brought complaint against Battle and Latham on an account which was headed as follows : “ John C. Battle, Jas. M. Latham, security, in account with McGaughey Bros.” Then followed numerous debits and credits, the former aggregating $545.76, and the latter $311.71, leaving balance due of $234.05. ' The declaration alleged that the goods specified in the bill of particulars were sold to Battle solely upon the faith of an express promise previously made by…

1Opinion of the Court

Bleckley, Justice.

1. Battle is sued as well as Latham. The declaration does not allege that the sale of the goods was made to them jointly, but that the goods were sold to Battle, solely upon the faith of an express promise previously made by Latham that he would stand good for the payment. No consideration is mentioned as moving directly to Latham for this promise. A fair construction of the declaration would be, that Battle, wishing to purchase goods from the plaintiffs on his own account, and thereby to become their debtor, had with them no such standing or credit as would enable him to…

2Cases cited1 opinion

  1. Sutherlin v. Underwriters' AgencySupreme Court of Georgia · 1874

3Cited by31 opinions

  1. Rowell v. SmithWisconsin Supreme Court · 1905
  2. Kollock v. WebbSupreme Court of Georgia · 1901
  3. Huey v. National BankSupreme Court of Georgia · 1933
  4. Burns v. HorkanSupreme Court of Georgia · 1906
  5. Jones v. HurstSupreme Court of Georgia · 1893

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