Legal Opinion

Studdard v. Hawkins

Supreme Court of Georgia

Decided April 18, 1913PublishedCited by 18 opinions

Petition for specific performance. Before Judge J. B. Park. Morgan superior court. March 4, 1912. Studdard filed Ms equitable petition 'against Hawkins, seeking to obtain a decree for specific performance of a contract, and for other relief.

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Petition for specific performance. Before Judge J. B. Park. Morgan superior court. March 4, 1912. Studdard filed Ms equitable petition 'against Hawkins, seeking to obtain a decree for specific performance of a contract, and for other relief. The memorandum of the contract was as follows: “Eutledge, Ga., April 15, 1905. Eeceived of John P. Studdard, twenty-five dollars, closing purchase of the Hanleiter place, containing 187.6 acres one tract and one 4 acres more or less, at his $15.00 per acre. 0. M. x Hawkins. mark “Contract made and signed in presence of “F. W. Oxford, N. P. & Ex. Off. J.…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.) This case is an old acquaintance. It is before us for the third time. It *745appeared for the first time in 132 Ga. 265 (63 S. E. 852, 131 Am. St. R. 190), and for the second time in 136 Ga. 727 (71 S. E. 1112). When it was returned to the superior court the last time, the plaintiff amended by withdrawing certain previous amendments to the petition, and filing another. The presiding judge allowed this amendment over objection, and then dismissed the petition as amended, on demurrer on the ground that it set out-no cause of action, under the former rulings of…

2Cases cited16 opinions

  1. Insurance Co. v. EgglestonSupreme Court of the United States · 1878
  2. Hawkins v. StuddardSupreme Court of Georgia · 1909
  3. Alabama Construction Co. v. Continental Car & Equipment Co.Supreme Court of Georgia · 1908
  4. Morgan v. PerkinsSupreme Court of Georgia · 1894
  5. Hartford Fire Insurance v. AmosSupreme Court of Georgia · 1896

11 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
  2. Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
  3. Fed. Sec. L. Rep. P 97,824 Nathan Dwoskin v. Rollins, Inc.Court of Appeals for the Fifth Circuit · 1981
  4. Pethel v. WatersSupreme Court of Georgia · 1965
  5. Perry Development Corp. v. Colonial Contracting Co.Supreme Court of Georgia · 1974

13 more not listed; retrieve them via the Exa API.

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