Alexander v. Herring
Supreme Court of Georgia
Administrators and executors. Sales. Damages. New trial. Before Judge Hopkins. Eulton Superior Court. March Term, 1874. This was a suit brought to recover of Alexander the difference between two bids on a city lot, on Marietta street, in Atlanta, knocked off to him at administrator’s sale, and sold the second time at his risk.
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Administrators and executors. Sales. Damages. New trial. Before Judge Hopkins. Eulton Superior Court. March Term, 1874. This was a suit brought to recover of Alexander the difference between two bids on a city lot, on Marietta street, in Atlanta, knocked off to him at administrator’s sale, and sold the second time at his risk. At the first sale the property was knocked off to Alexander at $160 00 per front foot, amounting to $8,000 00. At the second sale it was again knocked off to Alexander for $140 00 per front foot, or about $7,000 00. The defendant pleaded the general issue. There had…
1Opinion of the Court
McCay, Judge.
1. Such a mistake as is set up in this case does not, on its face, seem a very reasonable one, and even if it be in its nature one that the law can correct, it would require a very high degree of proof to bring it within the rule laid down by the Code, “that the power to correct mistakes must be exercised with caution, aud to justify it the evidence must be clear, unequivocal and decisive.” This mistake depends for *205its evidence upon the operations of the defendant’s own mind. There is no way of meeting it but by the circumstances going to show its improbability. Indeed, we are…
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