Legal Opinion

Larned v. Wentworth

Supreme Court of Georgia

Decided November 8, 1901PublishedCited by 26 opinions

Injunction. Before Judge Brinson. Richmond superior court. April 24, 1901. The receipt for ten dollars was not a contract: Civil Code, § 5208; 92 Ga. 149 ; 57 Am. R. 860. If it was a contract it was not the contract of Larned; it is signed “ Clarence E. Clark, Agent for Charles Larned,” and was Clark’s contract: 51 Ga. 482; 91 Ga. 748; 101 Ga. 676; 109 Ga-287; 110 Ga. 283. Clark had no authority to make a contract of sale which would bind his principal: 111 Ga. 490; 6 Am.

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Injunction. Before Judge Brinson. Richmond superior court. April 24, 1901. The receipt for ten dollars was not a contract: Civil Code, § 5208; 92 Ga. 149 ; 57 Am. R. 860. If it was a contract it was not the contract of Larned; it is signed “ Clarence E. Clark, Agent for Charles Larned,” and was Clark’s contract: 51 Ga. 482; 91 Ga. 748; 101 Ga. 676; 109 Ga-287; 110 Ga. 283. Clark had no authority to make a contract of sale which would bind his principal: 111 Ga. 490; 6 Am. Rep. 617 ; Mechem, Agency, § 966; 4 Am. & Eng. Ene. L. (2d ed.) 964-The renewal option, being in parol and without…

1Opinion of the CourtLittle, J.

J. and G. K. Wentworth filed a petition in Richmond superior court against Charles Larned and Clarence E. Clark, seeking to compel Larned to specifically perform an alleged contract for the sale of certain land; and, ancillary to the relief sought, they prayed for an injunction against Larned, restraining him from changing the status of the title to the land. No relief was prayed against Clark. On the hearing of the application an injunction was granted, and Larned excepted. Substantially, the facts relied •on to authorize the injunction were these: Prior to January 1, 1900, Larned, a…

2Cases cited9 opinions

  1. Black v. MaddoxSupreme Court of Georgia · 1898
  2. Vassault v. EdwardsCalifornia Supreme Court · 1872
  3. Robinson v. WellerSupreme Court of Georgia · 1888
  4. Sawyer v. BrossartSupreme Court of Iowa · 1885
  5. Mason v. PayneSupreme Court of Missouri · 1871

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Phinizy v. BushSupreme Court of Georgia · 1907
  2. Associated Mutuals Inc. v. Pope Lumber Co.Supreme Court of Georgia · 1946
  3. Gray v. LynnSupreme Court of Georgia · 1913
  4. Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
  5. Snead v. WoodCourt of Appeals of Georgia · 1919

21 more not listed; retrieve them via the Exa API.

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