Legal Opinion

O'Neal v. Phillips

Supreme Court of Georgia

Decided October 28, 1889PublishedCited by 6 opinions

Pleadings. Payment. Contracts. Consideration. Vendor and purchaser. Equity. Rescission. Before Judge Van Epps. City court of Atlanta. March term, 1889. Reported in the decision.

1Opinion of the Court

Blandeord, Justice.

The defendant in error, who was the plaintiff in the court below, demurred to each of the pleas filed by the plaintiff’ in error. The demurrers were sustained and the pleas stricken by the court, and this is complained of as error.

1. We are of the opinion that the demurrer to the plea of payment was properly sustained by the court below, inasmuch as that plea fails to state any time as to the payments that may have been made by the defendant to the plaintiff.

2. But looking at the other pleas, and taking them together as an answer to the plaintiff’’s suit, we think *557the court…

2Cited by6 opinions

  1. Thomas v. ClarksonSupreme Court of Georgia · 1906
  2. Thomas & McCafferty v. SieselCourt of Appeals of Georgia · 1907
  3. Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
  4. Phillips v. O'NealSupreme Court of Georgia · 1891
  5. Kirk v. ShafferCourt of Appeals of Georgia · 1955

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