Martin v. Lott
Supreme Court of Georgia
Actiou for money had and received. Before Judge Littlejohn. Lee superior court. October 9, 1914. L. B. Lott and J. B. Edwards brought their petition against E. B. Martin Sr., W. G-. Martin, and M. M. Martin, alleging as follows: The defendants are indebted to them in the sum of $5,000. On the 27th day of February, 1911, the plaintiffs entered into a certain contract with the defendants, under the terms of which the defendants were to sell, for the sum of $69,000, a certain…
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Actiou for money had and received. Before Judge Littlejohn. Lee superior court. October 9, 1914. L. B. Lott and J. B. Edwards brought their petition against E. B. Martin Sr., W. G-. Martin, and M. M. Martin, alleging as follows: The defendants are indebted to them in the sum of $5,000. On the 27th day of February, 1911, the plaintiffs entered into a certain contract with the defendants, under the terms of which the defendants were to sell, for the sum of $69,000, a certain tract or tracts of land aggregating 3,900 acres; the payment of this sum to be made at stipulated periods. The vendors…
1Opinion of the CourtBuck, J.
(After stating the facts.) The court erred in overruling the demurrer to the petition. Section 4390 of the Civil Code reads as follows: “Damages are given as compensation for the injury sustained. If the parties agree, in their contract, what the damages for a breach shall be, they are said to be liquidated; and unless the agreement violates some principle of law, the parties are bound thereby.” And section 4391 reads: “Penalties in bonds are not liquidated damages; and even if called such, yet if it appears unreasonable and not so actually intended by the parties, the law will give only the…
2Cases cited5 opinions
- Goodman v. HendersonSupreme Court of Georgia · 1877
- Sanders & Ables v. CarterSupreme Court of Georgia · 1893
- Allison v. DunwodySupreme Court of Georgia · 1896
- Mayor of Washington v. Potomac Engineering & Construction Co.Supreme Court of Georgia · 1909
- Sims v. CoxSupreme Court of Georgia · 1869
3Cited by19 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Liberty Life Insurance Company v. Thomas B. Hartley Construction Company Inc.Supreme Court of Georgia · 1989
- Fickling & Walker Co. v. Giddens Construction Co.Supreme Court of Georgia · 1989
- Atlanta Six Flags Partnership v. HughesCourt of Appeals of Georgia · 1989
- Chadwick v. DolinoffSupreme Court of Georgia · 1951
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