Black v. Fritz

Simmons, Chief Justice.

Fritz sued Black in the city court of Atlanta upon certain promissory notes given for part of the purchase money of land. Black filed a plea in -which he alleged that he had contracted for the purchase of the land on the faith of the plaintiff having a good title to the same, taking from the plaintiff a bond conditioned for the making to him by plaintiff of a good and sufficient title on payment of the notes; but that he had since had the title investigated, and had discovered that the plaintiff did not have a good title. He offered to deliver up the bond for title, and…