Couch v. Crane
Supreme Court of Georgia
Equitable petition. Before Judge Daniel. Fayette superior court. August 27, 1913. The petition was by A. J. Crane against Mrs. Eva Couch.
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Equitable petition. Before Judge Daniel. Fayette superior court. August 27, 1913. The petition was by A. J. Crane against Mrs. Eva Couch. Its substance was as follows: The plaintiff, on November 16, 1910, sold to Mrs. S. A. Fannie Key a tract of land estimated to contain 530 acres, and certain personal property, for the sum of $27,067, payable as follows: $10,087.50 in cash, and $14,000 in seven annual installments of $2,000, and one of $2,979.50 due on or before January 15, 1919; the deferred payments being evidenced by notes bearing interest at six per cent, per annum from December 1, 1910.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. One of the prayers of the petition was for a judgment against Mrs. Couch, to be declared a special lien on the property. The defendant is not liable to the plaintiff on the basis that she was the assignee of the plaintiff’s vendee; for it is well settled that the assignee of the vendee is not subject to the obligations of the contract, except upon his option to enforce specific performance. 6 Pom. Eq. Jur. § 851. If the assignee of the vendee is liable to the vendor, it is because of her assumption of the vendee’s obligation. The petition alleged that…
2Cases cited11 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Hunt v. Hardwick & Co.Supreme Court of Georgia · 1881
- McDaniel v. Gray & Co.Supreme Court of Georgia · 1882
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3Cited by37 opinions
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- Alexander v. ChipsteadSupreme Court of Georgia · 1922
- Tybrisa Co. v. Tybeeland, Inc.Supreme Court of Georgia · 1964
- Dunson v. LewisSupreme Court of Georgia · 1923
- Little v. Fleet FinanceCourt of Appeals of Georgia · 1997
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