McLeod v. Hendry
Supreme Court of Georgia
Specific performance. Before Judge Mitchell. Brooks superior court. May 1; 190 5'."' John McLeod brought an equitable petition against N. C. Hendry, J. O. Lewis,'and John Berryhill, making the 'following case: In 1894 the plaintiff purchased a described tract of land from James Beddick for $150, giving therefor his two promissory notes for $75 each, falling due at different dates, and taking from Beddick a bond for title upon the payment of the purchase-money.
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Specific performance. Before Judge Mitchell. Brooks superior court. May 1; 190 5'."' John McLeod brought an equitable petition against N. C. Hendry, J. O. Lewis,'and John Berryhill, making the 'following case: In 1894 the plaintiff purchased a described tract of land from James Beddick for $150, giving therefor his two promissory notes for $75 each, falling due at different dates, and taking from Beddick a bond for title upon the payment of the purchase-money. The plaintiff paid the first note, but, being unable to pay a balance of $50 and interest due upon the other note, he in 1897"made an…
1Opinion of the CourtCobb, P. J.
1. We are clearly of opinion that the court erred in granting the nonsuit. As the case stood when the nonsuit was granted, the jury could have found from the evidence, that the plaintiff had purchased the land, on time, from Reddick at the price of $150.00, obtained a bond for title from his vendor, gone into possession of the land, which was then in the woods, and cleared and cultivated a part thereof; that he had paid to Reddick a portion of the purchase-money and that the balance thereof was paid to Reddick, for the plaintiff, by Hendry under the arrangement and .agreement alleged in the…
2Cases cited7 opinions
- Chastain v. SmithSupreme Court of Georgia · 1860
- Phillips v. WilliamsSupreme Court of Georgia · 1869
- Booth v. SaffoldSupreme Court of Georgia · 1872
- Kerr v. HammondSupreme Court of Georgia · 1895
- Gilmore v. JohnstonSupreme Court of Georgia · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pearson v. HorneSupreme Court of Georgia · 1913
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- Ward v. . AlbertsonSupreme Court of North Carolina · 1914
- Lunde v. MinchSupreme Court of Connecticut · 1927
- Samonds v. CloningerSupreme Court of North Carolina · 1925
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