Beard v. Hammock
Court of Appeals of Georgia
Certiorari, from Eandolph superior court — Judge Worrill. May term, 1907. Beard sued Hammock in a justice’s court, on tbe following account: “To damage for breach of contract which was substantially as follows, $68.80. During the year 1906 there was a negro, Sam Cox by name, working for W. J. Beard. During the year 1906 B. G. Hammock, ‘desiring to work the said negro in 1907, took him from the fields of W. J. Beard to Coleman, and there contracted with him.
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Certiorari, from Eandolph superior court — Judge Worrill. May term, 1907. Beard sued Hammock in a justice’s court, on tbe following account: “To damage for breach of contract which was substantially as follows, $68.80. During the year 1906 there was a negro, Sam Cox by name, working for W. J. Beard. During the year 1906 B. G. Hammock, ‘desiring to work the said negro in 1907, took him from the fields of W. J. Beard to Coleman, and there contracted with him. Beturning, the said B. G. Hammock did tell the said W. J. Beard that he had contracted with the negro to work for him during the year…
1Opinion of the CourtPowell, J.
(After stating the facts.)
Hnder Beard’s version, Hammock’s contract was an original undertaking, not within the purview of the statute of frauds. According to Hammock’s testimony, it was an agreement to answer for the default of another, and, not being in writing, was. void. Evans v. Griffin, 1 Ga. App. 327 (57 S. E. 921); Chapman v. *120Conwell, 1 Ga. App. 212 (3), (58 S. E. 137); Bluthenthal v. Moore, 111 Ga. 297 (36 S. E. 689). The evidence being conflicting, the judge of the superior court could not properly grant final judgment. He may still grant a new trial if he sees proper; for when the…
2Cases cited3 opinions
- Chapman v. ConwellCourt of Appeals of Georgia · 1907
- Evans v. GriffinCourt of Appeals of Georgia · 1907
- Bluthenthal & Bickart v. MooreSupreme Court of Georgia · 1900
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- Hicks v. WalkerCourt of Appeals of Georgia · 1915
- Daniel Sons & Palmer Co. v. DickeyCourt of Appeals of Georgia · 1909
- Oglesby v. South Georgia Grocery Co.Court of Appeals of Georgia · 1916