Armistead v. McGuire
Supreme Court of Georgia
Injunction. Construction of contract. Parol evidence. Before Judge Hopkins. Fulton county. At Chambers. July 6th, 1872. John Armistead filed his bill against C. P. McGuire, containing substantially the following allegations, to-wit: That complainant represents the interest of his wife and children in the management of a tract of land near the city of Atlanta, upon which if situated the Ponce de Leon Spring, said to contain valuable medicinal properties, to which many…
Read the full summary
Injunction. Construction of contract. Parol evidence. Before Judge Hopkins. Fulton county. At Chambers. July 6th, 1872. John Armistead filed his bill against C. P. McGuire, containing substantially the following allegations, to-wit: That complainant represents the interest of his wife and children in the management of a tract of land near the city of Atlanta, upon which if situated the Ponce de Leon Spring, said to contain valuable medicinal properties, to which many citizens resort for health and pleasure; that complainant and his family now use it and have used it for a great length of time…
1Opinion of the Court
McCay, Judge.
It is not clear from the written paper set forth in this record what the parties to it meant, as to the matter in dispute. Certainly there are expressions in the paper inconsistent with the claim set up by the defendant, and it is apparent to us that such was not the intention of the parties. Taking the surroundings, the nature of the property, the uses the complainant was making of it, and the expressed design and motives of the defendant, we think there are strong reasons for thinking no such exclusive right was intended to be granted the defendant, as he now claims. Taking the…
2Cited by16 opinions
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Ford & Co. v. LawsonSupreme Court of Georgia · 1909
- Goodman v. HendersonSupreme Court of Georgia · 1877
- National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
- Caddick Milling Co. v. Moultrie Grocery Co.Court of Appeals of Georgia · 1918
11 more not listed; retrieve them via the Exa API.