Dolan v. Lifsey
Court of Appeals of Georgia
Complaint; from city court of Atlanta—Judge -Reid. September 30, 1916. The bill of exceptions assigns error on the striking of the defendants’ plea and on the judgment thereafter rendered against them for the amount sued for.
Read the full summary
Complaint; from city court of Atlanta—Judge -Reid. September 30, 1916. The bill of exceptions assigns error on the striking of the defendants’ plea and on the judgment thereafter rendered against them for the amount sued for. The ground of the motion to dismiss the writ of error is that “the errors assigned are insufficient to raise an issue to be determined by this court, in that it appears that a verdict was rendered in said case in favor of the defendant in error, and that nowhere in said bill of exceptions is error assigned upon the rendition of said verdict.”
1Opinion of the CourtBroyles, P. J.
1. There is no substantial merit in the motion to dismiss the bill of exceptions, and it is accordingly denied.
2. In an indivisible contract “the entire fulfillment of the promise by either, in the absence of any agreement to the contrary, or waiver, is a condition precedent to the fulfillment of any part of the promise by the other.” “In determining whether the contract is entire or severable the criterion is to be found in the question whether the whole quantity, *519service, or thing—all as a whole—is of the' essence of the contract. If it appear that the contract was to take the whole or…
2Cases cited5 opinions
- Broxton v. NelsonSupreme Court of Georgia · 1898
- Hill v. BalkcomSupreme Court of Georgia · 1888
- Bennett v. BurkhalterSupreme Court of Georgia · 1907
- Southern Railway Co. v. BranchCourt of Appeals of Georgia · 1911
- Parker v. FarlingerSupreme Court of Georgia · 1905
3Cited by29 opinions
- Horne v. DrachmanSupreme Court of Georgia · 1981
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Pure Oil Co. v. BaarsSupreme Court of North Carolina · 1944
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Dixon v. Smyth Sales Corp.Supreme Court of New Jersey · 1933
24 more not listed; retrieve them via the Exa API.