Small v. Jones
Supreme Court of Georgia
Complaint. Before Judge Felton. Bibb superior court. April 31, 1911. On January 17, 1911, J. S. Jones filed suit against W. E. Small to recover the sum of $800, with interest from July 39, 1904, alleging, that on the last-named date he paid to the defendant $800 on account of the purchase-price of a forty-fourth (1/44) interest in a business enterprise known as the Bosevelt Putty Patent; that said enterprise, for some reason unknown to plaintiff, never materialized; and that…
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Complaint. Before Judge Felton. Bibb superior court. April 31, 1911. On January 17, 1911, J. S. Jones filed suit against W. E. Small to recover the sum of $800, with interest from July 39, 1904, alleging, that on the last-named date he paid to the defendant $800 on account of the purchase-price of a forty-fourth (1/44) interest in a business enterprise known as the Bosevelt Putty Patent; that said enterprise, for some reason unknown to plaintiff, never materialized; and that plaintiff had made frequent demands upon defendant for the return of his money. Attached to his petition was a copy of…
1Opinion of the CourtBeck, J.
(After stating the facts.) We do not think that the plaintiff could treat the failure to repay the money as a breach of a written contract. The receipt was not a contract for the'delivery of an interest in the contemplated enterprise, binding the party executing the receipt to repay the money in default of delivery of the specified interest in the enterprise, so as to make this action analogous to the suit in the case of Hill v. Hackett, 80 Ga. 54 (4 S. E. 856). A comparison of the written instrument sued on there with, the receipt given by the defendant in the present case will show the…
2Cases cited4 opinions
- Warren v. WalkerSupreme Judicial Court of Maine · 1844
- Stockett v. SasscerCourt of Appeals of Maryland · 1855
- Trask v. WeeksSupreme Judicial Court of Maine · 1889
- Hill v. HackettSupreme Court of Georgia · 1887
3Cited by4 opinions
- Brazell v. HearnCourt of Appeals of Georgia · 1925
- Seaboard Air-Line Railway v. LukeCourt of Appeals of Georgia · 1916
- Dalrymple v. Brunswick Coca-Cola Bottling Co.Court of Appeals of Georgia · 1935
- Chatham Motor Co. v. DeSosaCourt of Appeals of Georgia · 1934