Rogers v. Mariner
Supreme Court of Georgia
Debt on Bond, from Muscogee county. Decision by Judge Worrill, November Term, 1859. The plaintiff in error brought an action against defendants to recover damages for an alleged breach of a bond given him by them, the condition of which is as follows: “ The condition of this obligation is such, that if said Mariner and his wife shall, on the 25th day of December next,- or thereafter, on demand, deliver to said Rogers, or his order, possession of the north half of the lot in…
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Debt on Bond, from Muscogee county. Decision by Judge Worrill, November Term, 1859. The plaintiff in error brought an action against defendants to recover damages for an alleged breach of a bond given him by them, the condition of which is as follows: “ The condition of this obligation is such, that if said Mariner and his wife shall, on the 25th day of December next,- or thereafter, on demand, deliver to said Rogers, or his order, possession of the north half of the lot in the city of Columbus, in said county, and distinguished in the plan of said city as lot No. 137, with the present…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
When this case was before this Court on a former occasion, 26 Ga., 320, a new trial was ordered because of error in the Court’s refusing to admit- evidence to 'show that the estate intended to pass with the possession was one in fee; and further, that “ the measure of damages depends on the quantity of interest which was to be interchanged with the possession.” The evidence had on the present trial leaves the case in more uncertainty and doubt than ever. The evidence wholly fails *517to show the quantity of interest which was intended to be…
2Cases cited1 opinion
- Chance v. McWhorterSupreme Court of Georgia · 1858