Neal & Son v. Stanley
Court of Appeals of Georgia
Complaint; from municipal court of Atlanta. February 15, 1915. The action was by E. E. Stanley, “doing business as Americus Machine Shop,” against W.- A. Neal & Son, on an account, one of the items of which was “commission on traction-engine sold to Mr. Brown, $150.” The trial resulted in a judgment against the defendants for the amount of this item. The plaintiff’s testimony was as follows: W. A. Neal & Son had the agency for a traction-engine.
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Complaint; from municipal court of Atlanta. February 15, 1915. The action was by E. E. Stanley, “doing business as Americus Machine Shop,” against W.- A. Neal & Son, on an account, one of the items of which was “commission on traction-engine sold to Mr. Brown, $150.” The trial resulted in a judgment against the defendants for the amount of this item. The plaintiff’s testimony was as follows: W. A. Neal & Son had the agency for a traction-engine. At that time the Americus Machine Shop was owned and operated by Mr. C. H. Duer and myself, but since that time I have bought Mr. Duer out, and am…
1Opinion of the CourtBroyles, J.
1. Ordinarily, when one renders service to another, which the latter accepts, a promise to pay the reasonable value thereof is implied. Civil Code, § 5513; Hudson v. Hudson, 90 Ga. 581 (16 S. E. 349).
2. While the general rule is that a past consideration will not support, a subsequent promise (1 Elliott on Contracts, § 213), an exception to the rule is recognized where the subsequent promise is one which, under the facts surrounding it, would be implied by law. 1 Elliott on Contracts § 214.(a) Where the services were rendered upon a request which reasonably implied a promise of remuneration,…
2Cases cited1 opinion
- Hudson v. HudsonSupreme Court of Georgia · 1892
3Cited by7 opinions
- Watts v. RichCourt of Appeals of Georgia · 1934
- Bankers Trust & Audit Co. v. Farmers & Merchants BankSupreme Court of Georgia · 1926
- Conway v. Housing Authority of City of AtlantaCourt of Appeals of Georgia · 1960
- Strahley v. HendricksCourt of Appeals of Georgia · 1929
- Hopkins v. WilkinsonWest Virginia Supreme Court · 1934
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