Ford v. Finney
Supreme Court of Georgia
In Equity. In Fulton Superior Court. Demurrer. Decided by Judge Warner. October Term, 1866. On the 14th of September, 1865, Ford, Bray & Go., a copartnership of which James J. Ford, one of the plaintiffs in error, was a member, purchased of Bell & Gaskill, the other plaintiffs in error, a lot in the city of Atlanta, giving their three promissory notes therefor, due respectively the first of January, the first of April, and the fourteenth of August, 1866, and taking a bond…
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In Equity. In Fulton Superior Court. Demurrer. Decided by Judge Warner. October Term, 1866. On the 14th of September, 1865, Ford, Bray & Go., a copartnership of which James J. Ford, one of the plaintiffs in error, was a member, purchased of Bell & Gaskill, the other plaintiffs in error, a lot in the city of Atlanta, giving their three promissory notes therefor, due respectively the first of January, the first of April, and the fourteenth of August, 1866, and taking a bond for titles to be made by Bell & Gaskill when all the said notes should be paid off. Under this purchase, Ford, Bray & Go.,…
1Opinion of the CourtWalker, J.
The very learned Judge who presided in this cause dismissed the bill on the grounds, as we understand, that the contract between Ford and Finney was such as could not be enforced, being obnoxious to the statute of frauds. Code, see. 1952, clause 2. We think he erred. In the first place, we do not think Einney made any “ promise to answer for the debt delimit or miscarriage of another.” The contract, as we construe it, is this: Eord sells his interest in the city lot to Einney, and, in consideration of the written assignment of the title bond to Einney, he paid Ford four hunred dollars, and…
2Cited by10 opinions
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- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
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