Mobley v. Lott
Supreme Court of Georgia
Action on contract. Before Judge O’Steen. City court of Douglas. November 23, 1905. Mobley brought an action against Lott for a breach of contract.
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Action on contract. Before Judge O’Steen. City court of Douglas. November 23, 1905. Mobley brought an action against Lott for a breach of contract. The petition alleges, in substance, that about November 1, 1904, petitioner and defendant entered into a contract for the sale of a certain tract of land by petitioner to defendant, for $900, of which $300 was to be paid in cash, and that upon receipt of- said $300 the defendant would execute to petitioner a bond for titles, binding defendant to make deeds to him on payment of the balance of the purchase-price; that about the 9th day of the same…
1Opinion of the CourtBeck, J.
(After stating the facts.) 1. The defendant did not attack any particular portion of the plaintiff’s petition by special demurrer, but was content to test the plaintiff’s case by a general demurrer, based upon the grounds, (1) “that there is no cause of action alleged, and that under the allegations of plaintiff’s petition, he is not entitled to recover of or from this defendant any amount: whatever,” and (2) “that the damages therein sought to be recovered from this defendant are too remote and speculative.”' Thereupon it was ordered and adjudged by the court that the “foregoing demurrer be…
2Cases cited3 opinions
- Ansley v. HightowerSupreme Court of Georgia · 1904
- Cooley v. MossSupreme Court of Georgia · 1905
- Irwin v. AskewSupreme Court of Georgia · 1885
3Cited by13 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Beaullieu v. Atlanta Title & Trust Co.Court of Appeals of Georgia · 1939
- Friedman v. GoodmanSupreme Court of Georgia · 1966
- Mitchell v. OwenSupreme Court of Georgia · 1925
- Prudential Timber & Farm Co. v. CollinsCourt of Appeals of Georgia · 1978
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