Allen & Holmes v. Powell
Supreme Court of Georgia
Complaint. Before Judge Mitchell. Colquitt superior court. April 11, 1905. Powell brought suit against Allen & Holmes, a partnership. The petition alleged, that the defendants were indebted to plaintiff in the sum of $1,550, besides interest, by reason of the following facts: During the month of August, 1903, plaintiff and one Kendall “began negotiations for the purchase" of 10,000 acres of timber land in the State of Florida.
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Complaint. Before Judge Mitchell. Colquitt superior court. April 11, 1905. Powell brought suit against Allen & Holmes, a partnership. The petition alleged, that the defendants were indebted to plaintiff in the sum of $1,550, besides interest, by reason of the following facts: During the month of August, 1903, plaintiff and one Kendall “began negotiations for the purchase" of 10,000 acres of timber land in the State of Florida. “Before such negotiations were terminated,” one Smith acquired a fifth interest therein from plaintiff and Kendall. During the same month, and “while negotiations were…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. One of the objections raised to the petition, in the demurrer, was that the contract relied on as the basis of the suit was a contract for the sale of an interest in land or concerning land, and it did not appear from the averments of the petition that the contract was in writing It did not distinctly appear that the contract was verbal. Under such circumstances the objection is not well taken. If the averments of the petition are such as to show a valid contract, even though a contract within the operation of the statute of frauds, and it does not…
2Cases cited4 opinions
- Ansley v. HightowerSupreme Court of Georgia · 1904
- Holder v. ScarboroughSupreme Court of Georgia · 1903
- Lyons v. BassSupreme Court of Georgia · 1899
- Wood v. McCrarySupreme Court of Georgia · 1899
3Cited by15 opinions
- Crovatt v. BakerSupreme Court of Georgia · 1908
- Social Benevolent Society, No. 1 v. HolmesSupreme Court of Georgia · 1907
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Montgomery v. Alexander Lumber Co.Supreme Court of Georgia · 1913
- Southern Land, Timber & Pulp Corp. v. Davis & Floyd Engineers, Inc.Court of Appeals of Georgia · 1964
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