Legal Opinion

Bateman v. Cherokee Fertilizer Co.

Court of Appeals of Georgia

Decided November 1, 1917No. 8403PublishedCited by 11 opinions

Complaint; from city court of Houston county — Judge Greer presiding. January 5, 1917.

1Opinion of the CourtJenkins, J.

1. Error can not be successfully assigned upon the court’s failure to submit to the jury instructions as to defenses which, though pleaded, are not supported by any evidence. American Ins. Co. v. Bailey, 6 Ga. App. 424 (6) (65 S. E. 160) ; Bullard v. Brewer, 118 Ga. 918 (3) (45 S. E. 711). Grounds 10 and 14 of the motion for a new trial are therefore without merit, under the view which this court takes of the evidence.

2. Where a wife enters into an unambiguous written contract whereby she is to become the owner of certain timber, and agrees to pay a stipulated price therefor, she is bound by…

2Cases cited3 opinions

  1. Bullard v. BrewerSupreme Court of Georgia · 1903
  2. American Insurance v. Bailey & MusgroveCourt of Appeals of Georgia · 1909
  3. Strickland v. GraySupreme Court of Georgia · 1896

3Cited by11 opinions

  1. Simmons v. International Harvester Co. of AmericaCourt of Appeals of Georgia · 1918
  2. Johnson v. HinsonSupreme Court of Georgia · 1939
  3. Robinson Co. v. RiceCourt of Appeals of Georgia · 1929
  4. Hutcheson v. MayCourt of Appeals of Georgia · 1930
  5. Burgess v. TorrenceCourt of Appeals of Georgia · 1919

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