Bailey v. Turner
Supreme Court of Georgia
Equitable petition. Before Judge Cobb. Jackson superior court. February 5, 1920. The action was brought by George W. Bailey, on July 16, 1918, against John 0. Turner, the Jefferson Banking Company, and John C. Turner as executor of the will of Mrs. Sarah A. Turner, deceased.
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Equitable petition. Before Judge Cobb. Jackson superior court. February 5, 1920. The action was brought by George W. Bailey, on July 16, 1918, against John 0. Turner, the Jefferson Banking Company, and John C. Turner as executor of the will of Mrs. Sarah A. Turner, deceased. So much of the petition as amended, considering the exhibits attached thereto, as is necessary to be considered in passing on the demurrers to it, which were sustained, is in substance as follows: On October 17, 1907, the plaintiff borrowed from Mrs. Turner $1,000, giving to her his promissory note therefor, and to secure…
1Opinion of the CourtFish, C. J.
1. Tlie agreements here involved, though concerning lands, and inferentially in parol, are not unenforceable, when the facts alleged in connection therewith are considered. Horne v. Mullis, 119 Ga. 534 (46 S. E. 663); Cooley v. Craft, 145 Ga, 298 (89 S. E. 204); Dowling v. Doyle, 149 Ga. 727 (102 S. E. 27).
2. The agreements are not unilateral.
3. The agreements are alleged to have been made with the plaintiff by all the defendants; and there is no misjoinder of causes of action, or of parties defendant.
4. The allegations of tender are sufficiently full and specific, especially in view of the…
2Cases cited3 opinions
- Dowling v. DoyleSupreme Court of Georgia · 1920
- Horne v. MullisSupreme Court of Georgia · 1904
- Cooley v. CraftSupreme Court of Georgia · 1916
3Cited by6 opinions
- Burnam v. WilkersonSupreme Court of Georgia · 1962
- Turner v. HardySupreme Court of Georgia · 1944
- Bracewell v. ColemanSupreme Court of Georgia · 1940
- Dixon v. Rhodes & Co.Court of Appeals of Georgia · 1932
- Bailey v. TurnerSupreme Court of Georgia · 1925
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