Bowers v. Anderson
Supreme Court of Georgia
Statute of frauds. Sale. Part performance. Delivery. Loyd G. Bowers brought trover against William W. Mayo for ninety-two bales of cotton, of the value of $20,500 00. The defendant pleaded the general issue and the statute of frauds. Pending the litigation the defendant died, and Anderson, his administrator, was made a party.
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Statute of frauds. Sale. Part performance. Delivery. Loyd G. Bowers brought trover against William W. Mayo for ninety-two bales of cotton, of the value of $20,500 00. The defendant pleaded the general issue and the statute of frauds. Pending the litigation the defendant died, and Anderson, his administrator, was made a party. The facts were as follows: In May, 1862, John M. Kibbee, as the agent of the plaintiff, went to Mayo’s residence, at his instance, for the purpose of purchasing some cotton. They agreed upon the terms. The cotton was packed and pointed out, making ninety-two bales, each…
1Opinion of the Court
Tripps, Judge.
It is not necessary to the decision of this case to determine whether the charge of the Court was or was not strictly accurate and correct. There are many decisions going that far and which state the principle as given by Judge Alexander: Hanson vs. Meyer, 6 East. R., 614; Wallace vs. Breeds, 13 Ibid., 522; Simmons vs. Swift, 5 B. & C., 857; Barrett vs. Goddard, 3 Mason, 112; Allman vs. Davis, 2 Iredell, 12; and Mr. Selwyn affirms the rule to be as drawn from White-house vs. Frost., 12 East., 614, that if anything remains to be done on the part of the seller as between him and…
2Cases cited1 opinion
- Shindler v. HoustonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by4 opinions
- Daniel v. HannahSupreme Court of Georgia · 1898
- Love v. StateSupreme Court of Georgia · 1887
- Lewis v. LofleySupreme Court of Georgia · 1878
- Simpson v. SchaeferCourt of Appeals of Georgia · 1917