Sperry v. Planters Rice Mill Co.
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Davis Freeman. February 11, 1914. The petition of M. L. Sperry against the Planters Eice Mill Company was dismissed on demurrer.
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Complaint; from city court of Savannah — Judge Davis Freeman. February 11, 1914. The petition of M. L. Sperry against the Planters Eice Mill Company was dismissed on demurrer. The petition alleges: On February 8, 1912, the plaintiff paid defendant $1,000 for an option to purchase front lot No. 3, wharf lots in Yamaeraw, whereby it was agreed that plaintiff should pay defendant $65,000 for said wharf lot, the $1,000 to become the property of the defendant if the option was not taken up, but if the option was taken up, the $1,000 was to be on account of the purchase-price. Defendant was to give…
1Opinion of the CourtWade, J.
There was no error in sustaining the demurrer, for the reason that the petition failed to show that the purported purchaser ever offered to buy and pay for the real estate which had been the subject-matter of negotiation. Judgment affirmed.
Broyles, J., not presiding. Exhibit A was as follows: “Savannah, Ga., Feb. 8, 1913. I have this day negotiated an option between the Planters Eice Mill Company, the seller, and M. L. Sperry, the buyer, to purchase the property of the seller, known as front lot # 3 Wharf Lots in Yamacraw, North of Eiver Street, Savannah, Ga., . . the seller agreeing to give…
2Cases cited34 opinions
- Black v. MaddoxSupreme Court of Georgia · 1898
- Harden v. LangSupreme Court of Georgia · 1900
- Wright v. DickinsonMichigan Supreme Court · 1887
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
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