Ford v. Smith
Supreme Court of Georgia
Assumpsit, from Worth county. October Term, 1858, Judge Powers, presiding. Smith brought an action against Ford, alleging in the first count, the making of a contract with Ford, to furnish materials and build him a house by a certain time, viz: the 18th of April, 1855, for which Ford was to pay him a certain sum ; that after performing a certain amount of labor, Ford discharged him. The second and third counts are quantum meruit counts.
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Assumpsit, from Worth county. October Term, 1858, Judge Powers, presiding. Smith brought an action against Ford, alleging in the first count, the making of a contract with Ford, to furnish materials and build him a house by a certain time, viz: the 18th of April, 1855, for which Ford was to pay him a certain sum ; that after performing a certain amount of labor, Ford discharged him. The second and third counts are quantum meruit counts. The contract was proven; the circumstances attending its non-completion, and the value of the materials and labor actually furnished and performed. Plaintiff…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the refusal of the Court to grant a new trial, right? This is the question.
The first ground of the motion for a new trial, was, the admission of evidence to show, that one R. G. Ford was to furnish the lumber.
This evidence was, that it was verbally agreed by and between R. G. Ford, Gary G. Ford, the plaintiff in error, and *678Smith, the defendant in error, that R. G. Ford, should saw the lumber for- the buildings, for which he was to be paid, in a particular way by Gary G. Ford, who himself was to be repaid in a particular way, by Smith; and,…
2Cited by18 opinions
- Sharp-Boylston Co. v. LundeenCourt of Appeals of Georgia · 1978
- Fonda Corp. v. Southern Sprinkler Co.Court of Appeals of Georgia · 1977
- Brumby v. SMITH & PLASTER CO. OF GEORGIACourt of Appeals of Georgia · 1971
- Sosebee v. McCrimmonCourt of Appeals of Georgia · 1997
- First National Bank & Trust Co. v. McNattCourt of Appeals of Georgia · 1977
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