Legal Opinion

Roberts v. Prior

Supreme Court of Georgia

Decided August 15, 1856No. 98PublishedCited by 22 opinions

Assumpsit, in Pike Superior Court. Tried before Judge Greene, April Term, 1856. Benson Roberts, as administrator of Jefferson Adams, brought an action of assumpsit against William Pryor, on the following account: Wm Pryor, to Jefferson Adams, Dr. 1849. Jan. 1. To hire of negro boy Jim for 1848, $220 00 Int. on same for 3 years to Jan. 1. 1852, $47 25 1850. “ “ Hire of negro boy Jim for 1849, $225 00 Int. for two years to Jan. 1852, $31 50 1851. “ “ Hire of negro boy Jim for…

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Assumpsit, in Pike Superior Court. Tried before Judge Greene, April Term, 1856. Benson Roberts, as administrator of Jefferson Adams, brought an action of assumpsit against William Pryor, on the following account: Wm Pryor, to Jefferson Adams, Dr. 1849. Jan. 1. To hire of negro boy Jim for 1848, $220 00 Int. on same for 3 years to Jan. 1. 1852, $47 25 1850. “ “ Hire of negro boy Jim for 1849, $225 00 Int. for two years to Jan. 1852, $31 50 1851. “ “ Hire of negro boy Jim for 1850, $225 00 Int. for one year to Jan. 1852, $15 75 1852. “ “ Hire of negro boy Jim for 1851, $225 00 The defendant…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Is a contract of hire for á negro at a stipulated price-to be paid at the end of the year, an open account or a liquidated demand ?

[2.] We had supposed that if any thing was settled, this point was. In Nishet and Lawson, we stated the rule to be, that whenever the demand was fixed and certain, either by the agreement of the parties or by operation of law, that it was liquidated, with or without writing. And Mr. Bouvier says: “ Liquidated” is that which is made clear, certain, manifest; as, liquidated damages, ascertained damages; liquidated…

2Cited by22 opinions

  1. Cochrane v. ForbesMassachusetts Supreme Judicial Court · 1929
  2. Central of Georgia Railway Co. v. Central Trust Co.Supreme Court of Georgia · 1910
  3. Western Lumber Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1915
  4. Lincoln Lumber Co. v. KeeterSupreme Court of Georgia · 1928
  5. Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900

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