Slade v. Nelson
Supreme Court of Georgia
Complaint. Dooly. Tried before Judge Powers, April 'Term, 1856. This was an action brought by William Nelson and James Nelson, for use, &c. against William Slade, to recover the sum of §750, with interest, due upon a promissory note payable to the plaintiffs “ only.” To this action, besides the plea of the general issue, were pleas of payment and set-off.
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Complaint. Dooly. Tried before Judge Powers, April 'Term, 1856. This was an action brought by William Nelson and James Nelson, for use, &c. against William Slade, to recover the sum of §750, with interest, due upon a promissory note payable to the plaintiffs “ only.” To this action, besides the plea of the general issue, were pleas of payment and set-off. Upon the trial, the plaintiffs offered the promissory note in. evidence and rested their case. ■ The defendant then introduced, in support of these pleas, 'certain articles of partnership under seal, entered into by -the plaintiff of one…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Slade, the plaintiff in error, had the right, by the articles of agreement, to receive payment from the Nelsons for one-half, of the “ net expense” he incurred in finishing the building, &c.
In order to show what the net expense was, he offered to, prove the value of the work. This he was not allowed to dc,. by the Court. Ought he to have been allowed to do it ?
*368■ "We think not, the circumstances being such as they were» The expense a man incurs in building a house, may be less- or it may be greater than the value of the house. This is obvious.…
2Cited by4 opinions
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- Turbaville v. StateSupreme Court of Georgia · 1877
- Bass v. GobertSupreme Court of Georgia · 1901
- Harrold v. SmithSupreme Court of Georgia · 1899