Legal Opinion

Dortic v. Dugas

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 21 opinions

Partnership. Evidence. Mortgage. Mistake. Rescission. Sale. Fraud. Before Judge Gibson. Richmond Superior Court. January Adjourned Term, 1875. Dortic filed his bill against Dugas, making, in brief, the following case: Dugas induced him to enter, at Augusta, Georgia, February 14th, 1866, into a timber cutting partnership with him (Dugas,) Benjamin R. Holt and William Wallace, two strangers, whom Dugas introduced and recommended, under articles of agreement, by which the firm…

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Partnership. Evidence. Mortgage. Mistake. Rescission. Sale. Fraud. Before Judge Gibson. Richmond Superior Court. January Adjourned Term, 1875. Dortic filed his bill against Dugas, making, in brief, the following case: Dugas induced him to enter, at Augusta, Georgia, February 14th, 1866, into a timber cutting partnership with him (Dugas,) Benjamin R. Holt and William Wallace, two strangers, whom Dugas introduced and recommended, under articles of agreement, by which the firm name was to be Holt, Dugas & Company; the partnership was to last for one year, from February 14th, 1866 ; Holt, Dugas…

1Opinion of the Court

Bleckley, Judge.

The complainant and defendant being in partnership with two others in a lumber business, the complainant purchased the defendant’s interest at the agreed price of $4,000 00 cash. For more than four years thereafter he was not aware that there was any fraud or mistake in the transaction. After that lapse of time he filed his bill for a rescission, alleging that the subject matter of the contract was wholly worthless, and that the contract was the result of fraud on the part of the defendant, or of mutual mistake of fact. The jury found in favor of defendant, and the court…

2Cited by21 opinions

  1. Blanchard v. WestCourt of Appeals of Georgia · 1967
  2. Manning v. WillsSupreme Court of Georgia · 1941
  3. Millender v. LooperCourt of Appeals of Georgia · 1950
  4. Bimbo Builders, Inc. v. STUBBS PROPERTIES, INC.Court of Appeals of Georgia · 1981
  5. Gignilliat v. BorgCourt of Appeals of Georgia · 1974

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