Kilpatrick v. Richter

1. This is the third appearance of this case. See 139 Ga. 643 (77 S. E. 1065), and 143 Ga. 470 (85 S. E. 319). The subject-matter of the suit is a contract for the sale of cotton to be delivered in the future. It was first before this court on a writ of error to a judgment on demurrer; and it was held that the contract on its face was valid and did not disclose it to be a wagering contract. On its second appearance this court held that it was not error to instruct the jury that, in order to render an apparently valid contract for the sale of cotton void as a wagering contract, it must appear…