Cheney v. Powell
Supreme Court of Georgia
Fraud. Contracts. Parties. Before Judge Jenkins. Laurens superior court. July term, 1891. Action for damages, by Powell against Lowry sr., Lowry jr., Cheney and Strickland.
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Fraud. Contracts. Parties. Before Judge Jenkins. Laurens superior court. July term, 1891. Action for damages, by Powell against Lowry sr., Lowry jr., Cheney and Strickland. The declaration contained the following allegations : Cheney and Strickland were operating a turpentine business in Laurens county, and after some negotiations between them and Powell for the sale of said turpentine farm, etc. to Powell, the trade was consummated, they selling and conveying to him, among other things, a lease to certain lots of land in Laurens county for turpentine purposes (specifying the numbers of the…
1Opinion of the Court
Lumpkin, Justice.
The error assigned is the refusal of the court to sustain a demurrer to plaintiff’s declaration. The contents of the declaration will be found in the reporter’s statement. The grounds of the demurrer were, in substance : (1) That the declaration set forth no cause of action, and was vague, uncertain and indefinite. (2) That there was a misjoinder of parties, there being no allegation of any contract, agreement or conversation between plaintiff and the Lowrys, or that they did or said anything to contribute to carrying out the fraudulent scheme by which plaintiff' was damaged.…
2Cited by24 opinions
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- Wall v. WallSupreme Court of Georgia · 1933
- Brooke v. ColeSupreme Court of Georgia · 1899
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