Legal Opinion

Callaway v. Freeman

Supreme Court of Georgia

Decided August 15, 1859PublishedCited by 8 opinions

Claim, in Spalding Superior Court. Tried before Judge Bull, at May Term, 1859. On the 11th day of January, 1854, James D. Freeman, the defendant in error, sold a hotel, in the city of Griffin, to William B. Rowell, for three thousand four hundred and eighteen dollars, for which he took from Rowell his three promissory notes; one for $1,000, payable one day after date; one for $1,138, payable by the first day of January, 1856, and one for $1,280 00, payable the first day of…

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Claim, in Spalding Superior Court. Tried before Judge Bull, at May Term, 1859. On the 11th day of January, 1854, James D. Freeman, the defendant in error, sold a hotel, in the city of Griffin, to William B. Rowell, for three thousand four hundred and eighteen dollars, for which he took from Rowell his three promissory notes; one for $1,000, payable one day after date; one for $1,138, payable by the first day of January, 1856, and one for $1,280 00, payable the first day of January, 1857, and executed to Rowell his bond, conditioned to make titles to said hotel, upon the payment of said notes.…

1Opinion of the Court

— Lumpkin J.

By the Court

delivering the opinion.

Freeman sold to Rowell, or you may say, to Rowell and Sanders, for they seem to have become jointly interested in the property, a house and lot, in the town of Griffin in January, 1854, took three notes for the purchase money, and gave his bond to make titles when the notes were paid. The purchasers employed Callaway to make some repairs upon the building; occupied the premises some six months, and finding that they could not pay for the property, the contract was rescinded; Freeman returning to them their notes? and they surrendering up to him…

2Cases cited1 opinion

  1. Harman v. R. A. Allen & Co.Supreme Court of Georgia · 1851

3Cited by8 opinions

  1. James G. Wilson Manufacturing Co. v. Chamberlin-Johnson-Dubose Co.Supreme Court of Georgia · 1913
  2. Reppard, Snedeker & Co. v. MorrisonSupreme Court of Georgia · 1904
  3. Williams v. BrewtonSupreme Court of Georgia · 1930
  4. Kwilecki v. YoungSupreme Court of Georgia · 1935
  5. Rutland Contracting Co. v. Sallie E. Gay EstateSupreme Court of Georgia · 1942

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