Richter v. Kilpatrick
Supreme Court of Georgia
Action for breach of contract. Before Judge Park. Morgan superior court. June 24, 1914.
1Opinion of the CourtEvans, P. J.
I. T. Kilpatrick and E. D. Eiehter entered into a contract for the purchase and sale of one hundred bales of cotton at a stipulated price. Hpon Eiehter’s failure to deliver the cotton Kilpatrick brought his action, claiming damages for its breach. The defendant admitted the execution of the contract, and that the amount sued for was prima facie due, and assumed the burden of proof. He further pleaded that the contract was without consideration, and was a gambling or wagering contract. The jury-returned a verdict for the plaintiff, which the court refused to set aside on motion for new trial.
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2Cases cited2 opinions
- Kilpatrick v. RichterSupreme Court of Georgia · 1913
- Southern Railway Co. v. AllisonSupreme Court of Georgia · 1902
3Cited by7 opinions
- Reeves v. DanielSupreme Court of Georgia · 1915
- Fireman's Fund Insurance v. DavisCourt of Appeals of Georgia · 1930
- Lansdale Clothes, Inc. v. WrightSupreme Court of Georgia · 1962
- Martin v. Citizens BankSupreme Court of Georgia · 1933
- Kilpatrick v. RichterSupreme Court of Georgia · 1916
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