Wester v. Everett
Supreme Court of Georgia
Equitable petition. Before Judge Kent. Twiggs superior court. February 26, 1919. J. H. Wester filed a petition against T. F. Everett, praying for injunction, receiver, and other relief.
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Equitable petition. Before Judge Kent. Twiggs superior court. February 26, 1919. J. H. Wester filed a petition against T. F. Everett, praying for injunction, receiver, and other relief. The petition alleged substantially as follows: A. S. Holland and T. F. Everett bought from Lattimore Brothers a sawmill complete, including necessary equipment for its operation, and agreed to pay -therefor $1,800. Lattimore Brothers executed to Holland and Everett a bond - for title, reciting that upon the payment of the balance due good and sufficient title would be made to Holland and Everett jointly. ■ The…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The question to be determined is whether the plaintiff has a joint interest or title in the property in controversy. It is insisted on the part of the defendant that Wester had no interest whatever in the sawmill and' its equipment; that he did not invest any money in the enterprise, and only contributed ten weeks work; that the contract was entire, *757and not divisible; and that before he could obtain any fixed right in the property it was incumbent upon him to complete his contract, which was not done. We do not agree with the conclusions reached by the…
2Cases cited3 opinions
- Huggins v. HugginsSupreme Court of Georgia · 1903
- Camp v. MontgomerySupreme Court of Georgia · 1885
- Taylor v. BlileySupreme Court of Georgia · 1890
3Cited by2 opinions
- Corbin v. CollumSupreme Court of Georgia · 1931
- Bone v. FairclothCourt of Appeals of Georgia · 1935