Parker v. Barlow
Supreme Court of Georgia
Complaint for damages. Before Judge Fish. Sumter superior court. November term, 1892. Barlow and Coleman sued Malissaand Joseph Parker as executors of Barney Parker, alleging that Barney Parker sold them a lot of wood in trees unsplit lying upon his land, for $150, verbally guaranteeing that it contained 440 cords; that under the terms of the sale plaintiffs were to split and haul the wood off' the-land; that they paid Barney the $150 before his death, and in accordance with…
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Complaint for damages. Before Judge Fish. Sumter superior court. November term, 1892. Barlow and Coleman sued Malissaand Joseph Parker as executors of Barney Parker, alleging that Barney Parker sold them a lot of wood in trees unsplit lying upon his land, for $150, verbally guaranteeing that it contained 440 cords; that under the terms of the sale plaintiffs were to split and haul the wood off' the-land; that they paid Barney the $150 before his death, and in accordance with the contract had hauled off' and sold five cords of wood; that after Barney’s death defendants refused to permit them…
1Opinion of the Court
Simmons, Justice.
1. The pleadings and the evidence, so far as material, will be found in the official report. It will be seen by reference to the pleadings that the plaintiffs sought to-recover upon one or the other of two theories set out in the declaration. One of these theories was, that they had purchased a quantity of wood, consisting of a number of trees which had been felled by the testator of the defendants and were lying upon his land; that he warranted that there were 440 cords; that they paid him $150 for the trees as they lay upon the land, and that there was a breach of the…
2Cited by7 opinions
- Whitley v. NewmanCourt of Appeals of Georgia · 1911
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- Evans v. DickeyCourt of Appeals of Georgia · 1934
- Callaway v. LivingstonCourt of Appeals of Georgia · 1922
- Carr v. TateSupreme Court of Georgia · 1899
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