Smith v. Jones
Supreme Court of Georgia
Contracts. Státute of frauds. Non-suit. Before Judge HlLLYER. Fulton Superior Court. October Term, 1880. Smith sued Jones. He alleged that defendant had bought a lot from him in Cuthbert, Georgia, and owed him a balance on the purchase money. Among other pleas; the defendant pleaded that she had never entered into any written contract for the purchase of the lot.
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Contracts. Státute of frauds. Non-suit. Before Judge HlLLYER. Fulton Superior Court. October Term, 1880. Smith sued Jones. He alleged that defendant had bought a lot from him in Cuthbert, Georgia, and owed him a balance on the purchase money. Among other pleas; the defendant pleaded that she had never entered into any written contract for the purchase of the lot. On the trial plaintiff sought to meet the requirements of the statute of frauds by the introduction of a receipt which he had given to defendant and a letter written by defendant to plaintiff’s wife. .They were as follows: “ Received…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought-to recover the balance due on the alleged purchase of a house and lot. The plaintiff introduced in evidence a receipt for ninety-five dollars paid for the house and lot, but only signed by himself, and not by the defendant who was the party sought to be charged by the contract and sued in this action for the balance of the money. The receipt set out the price and *342designated the house and lot sold. The plaintiff also introduced a letter from defendant in regard to some house, but not designating that described in the receipt, or the price to be…
2Cited by19 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Peacock v. HorneSupreme Court of Georgia · 1925
- North & Co. v. Mendel & BrotherSupreme Court of Georgia · 1884
- Douglass v. BunnSupreme Court of Georgia · 1900
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
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