Hancock v. Ross
Supreme Court of Georgia
Assumpsit, &c. in Marion Superior Court. Tried before Judge Worrell, February Term, 1855. This was an action of assumpsit, by Hancock against Ross, for the price of a buggy and harness. At the trial, plaintiff proposed to prove, by A. D. Chambliss, that “ defendant offered him, as agent -for plaintiff, $155 for the buggy and harness, and witness agreed to take it if he could do no better. .Afterwards, witness met him and told him. ho had brought .him the buggy.
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Assumpsit, &c. in Marion Superior Court. Tried before Judge Worrell, February Term, 1855. This was an action of assumpsit, by Hancock against Ross, for the price of a buggy and harness. At the trial, plaintiff proposed to prove, by A. D. Chambliss, that “ defendant offered him, as agent -for plaintiff, $155 for the buggy and harness, and witness agreed to take it if he could do no better. .Afterwards, witness met him and told him. ho had brought .him the buggy. Defendant said he had not the money; witness proposed to wait till Christmas, by paying interest; defendant said he had no way of…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The rule, that where there is an express contract between the parties, they cannot resort to an implied one, is so clear, and has prevailed so long, that it is said to have been reduced to an axiom of law.
But it is. also very well settled, that where the terms of the special agreement have been performed on one side, and nothing is to be done on the other but make a money payment, such payment may be enforced by indebitatus assumpsit. (Cooke vs. Munstone, 1 B. & P. 354, B. N. P. 139. Alcorne vs. Westerbrooke, 1 Wils. 117. Bianchi vs. Nash, 1…
2Cases cited3 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Linningdale v. LivingstonNew York Supreme Court · 1813
3Cited by14 opinions
- Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907
- Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
- Hill v. BalkcomSupreme Court of Georgia · 1888
- MILLICAN ELECTRIC CO. INC. v. FisherCourt of Appeals of Georgia · 1960
- Chapman v. ConwellCourt of Appeals of Georgia · 1907
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