Kohlruss v. Zachery
Supreme Court of Georgia
Petition for injunction. Before Judge Hammond. Columbia-superior court. December 10/ 1912. C. E. Kohlruss filed his equitable petition against Julian J. Zaehery and the Harlem Oil & Fertilizer Company, and alleged substantially as follows: Petitioner is the owner and in possession of 404% acres of described land in Columbia County, near the town of Harlem, which land is worth $15,000. Petitioner borrowed $2,300 of Mrs. J. B. Wright, and gave as security for the debt a deed…
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Petition for injunction. Before Judge Hammond. Columbia-superior court. December 10/ 1912. C. E. Kohlruss filed his equitable petition against Julian J. Zaehery and the Harlem Oil & Fertilizer Company, and alleged substantially as follows: Petitioner is the owner and in possession of 404% acres of described land in Columbia County, near the town of Harlem, which land is worth $15,000. Petitioner borrowed $2,300 of Mrs. J. B. Wright, and gave as security for the debt a deed to this land, under the provisions of § 3306 of the Code of Georgia, and received from her a bond to reconvey title to…
1Opinion of the CourtHill, J.
The controlling question in this case is whether the Harlem Oil & Fertilizer Company, a corporation, under the laws of this State, can have specific performance of an executory contract for the purchase of farm lands, where the charter of the corporation contains no express power to execute such contract or to acquire such lands. The contract referred to is as follows:
“State of Georgia, Columbia County. Eeceived from the Harlem Oil & Fertilizer Company the sum of three hundred ($300) dollars, to be applied on the purchase-price of the following tract or parcel of land fully described in a…
Also in this document: Dissent.
2Cases cited7 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Spear v. CrawfordNew York Supreme Court · 1835
- Case v. KellySupreme Court of the United States · 1890
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3Cited by7 opinions
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- Bass v. African Methodist Episcopal ChurchSupreme Court of Georgia · 1920
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