Quiggle v. Vining
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Macon superior court. May 20, 1905. This was an equitable proceeding, one of the purposes of which was to reform a written contract in the form of a rent note given by the defendant to the plaintiff.
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Equitable petition. Before Judge Littlejohn. Macon superior court. May 20, 1905. This was an equitable proceeding, one of the purposes of which was to reform a written contract in the form of a rent note given by the defendant to the plaintiff. The contention of the plaintiff was, that, under the agreement of rental, the defendant was to have the privilege of cultivating such lands on what was known as the C. S'. Johnson place as were suitable for the planting of crops, upon the same terms of rental as had been agreed on between them for several years prior to 1900, viz., the payment of $50…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The original petition was open to the criticism that the plaintiff sought to modify by parol an apparently complete and valid written contract. Appreciating this infirmity, the plaintiff voluntarily amended the petition by alleging that both parties understood that the rent contract did not speak the true intention of the parties, and by praying that the writing be reformed so as to exclude the fruit from the operation of the contract of rent, and thus make the writing represent the contract as actually agreed upon by both parties. The plaintiff is not seeking to…
2Cases cited2 opinions
- Werner v. RawsonSupreme Court of Georgia · 1892
- Kehoe v. HanleySupreme Court of Georgia · 1895
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- Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
- Lawton v. ByckSupreme Court of Georgia · 1962
- Scott v. GillisSupreme Court of Georgia · 1947
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