Legal Opinion

Marston v. Downing Co.

Court of Appeals for the Fifth Circuit

Decided October 23, 1934No. 7360PublishedCited by 6 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

A. B. Marston sued the Downing Company for a breach of contract, and a general demurrer was sustained mainly by reason of the Statute of Frauds (Civ. Code Ga. 1910, § 3222). The petition stated the contract thus: “On or about the 6th day of November, 1928, your petitioner was employed by tbo -Downing Co. Inc., through Mr. W. B. Gillican, its president and controlling stockholder, to take charge of and operate the grocery, dry-goods, cooper shop and Tifton Branch departments of tho Downing Co., Inc., for the years 1929' and 1930 upon the basis of a cash salary of $8500.00…

2Cases cited13 opinions

  1. Bentley v. SmithCourt of Appeals of Georgia · 1907
  2. Hightower v. AnsleySupreme Court of Georgia · 1906
  3. Diamond v. JacquithArizona Supreme Court · 1912
  4. Lester v. HeidtSupreme Court of Georgia · 1890
  5. Marks & Powell v. Talmadge's Sons & Co.Court of Appeals of Georgia · 1911

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

3Cited by6 opinions

  1. Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment CompanyCourt of Appeals for the Fifth Circuit · 1976
  2. Munoz v. Kaiser Steel Corp.California Court of Appeal · 1984
  3. Easter v. Kass-Berger, Inc.District of Columbia Court of Appeals · 1956
  4. Alice v. Robett Manufacturing Co.District Court, N.D. Georgia · 1970
  5. Albert Z. Hodge v. Evans Financial CorporationCourt of Appeals for the D.C. Circuit · 1985

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

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