Baldwin v. Lessner
Supreme Court of Georgia
Assumpsit, &c. in Randolph Superior Court. Tried before Judge Warren, October Term, 1849. Lessner brought suit against Baldwin and Mills, upon a special contract, by which, in consideration for the use of certain mills belonging to Lessner, the defendants agreed to make certain repairs, specified in the contract.
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Assumpsit, &c. in Randolph Superior Court. Tried before Judge Warren, October Term, 1849. Lessner brought suit against Baldwin and Mills, upon a special contract, by which, in consideration for the use of certain mills belonging to Lessner, the defendants agreed to make certain repairs, specified in the contract. The declaration averred, that the repairs were not made, and were reasonably worth $250. There were, also, common counts for the rent of the mills, for the- time defendants used them. On the trial, the plaintiff proved the special contract, and its breach and thfe Court farther…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The declaration contains three counts; one, for so much money, due for rent of the mills, at a given rate per month, with a bill of particulars; one, a quantum meruit count, claiming as much for the rent of the mills as the plaintiff deserved to have, for the time that the defendants used them ; and the third, setting forth a special agreement, by which, in consideration of the use of the mills for five months and á half — from some time in April, to October, 1848, the defendants agreed to do, within that time, certain repairs (which are…
2Cases cited1 opinion
- Ames v. Le RueU.S. Circuit Court for the District of Michigan · 1840
3Cited by6 opinions
- Seaboard Air-Line Railway Co. v. Henderson Lumber Co.Court of Appeals of Georgia · 1922
- Ramsey v. LangleyCourt of Appeals of Georgia · 1952
- Brannen v. LanierCourt of Appeals of Georgia · 1958
- Cobb v. JolleyCourt of Appeals of Georgia · 1921
- O'Neil-Dunham, Inc. v. PearsonCourt of Appeals of Georgia · 1964
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