John D. Milnor & Co. v. Georgia Rail Road & Banking Co.
Supreme Court of Georgia
In Equity, in Clark Superior Court. Decided by Judge Sayre. The plaintiffs in error filed their bill, returnable to August Term of Clark Superior Court, 1842, against the defendant in error — wherein it was charged, that on the 21st day of December, 1840, they entered into an agreement with the defendant, to construct the superstructure on certain divisions of the Athens Branch of the Georgia Rail Road, a copy of which agreement is attached' as an exhibit to the bill.
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In Equity, in Clark Superior Court. Decided by Judge Sayre. The plaintiffs in error filed their bill, returnable to August Term of Clark Superior Court, 1842, against the defendant in error — wherein it was charged, that on the 21st day of December, 1840, they entered into an agreement with the defendant, to construct the superstructure on certain divisions of the Athens Branch of the Georgia Rail Road, a copy of which agreement is attached' as an exhibit to the bill. This agreement, after minutely specifying the manner in which the Road is to be constructed, provides, that “the contractors…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] It appears from the record in this case that the plaintiffs in error entered into a written contract with the defendant, on the 21st day of December, 1840, to construct the superstructure on certain divisions of the Athens Branch of the Georgia Rail Road, as specified in said written contract, which work was to be finished and completed on or before the 25th day of December, 1841. The defendant covenanted to deliver the crossties and mudsills, at convenient points along the line, and the wood and iron rails at the end of the finished part of…
2Cited by2 opinions
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- Ryan v. LieberSupreme Court of Georgia · 1860