Ruff v. Copeland
Supreme Court of Georgia
Petition for injunction. Before Judge Edwards’. Haralson superior court. July 7, 1911. At an interlocutory hearing of a petition for injunction and other relief, general and special demurrers had been filed. The plaintiff offered to submit evidence, which his attorney stated to the court would sustain the allegations of the petition.
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Petition for injunction. Before Judge Edwards’. Haralson superior court. July 7, 1911. At an interlocutory hearing of a petition for injunction and other relief, general and special demurrers had been filed. The plaintiff offered to submit evidence, which his attorney stated to the court would sustain the allegations of the petition. The judge refused to allow the evidence introduced, and ordered that a former restraining order be dissolved and that the prayer for injunction be denied. The object of the suit was to set aside the sale of a certain corn mill, and real estate appurtenant…
1Opinion of the CourtAtkinson, J.
The object of the suit was to compel the defendants to rescind a contract of sale of real estate, to recover back so much of the purchase-price as had been paid, and to recover as *58damages the expense he .incurred in moving his family. The case must be decided as if all the allegations of the petition were admitted to be. true, because the judge refused to permit the plaintiff to introduce evidence in support of his allegations, and upon the mere reading of the record entered a judgment 'against him. Where land is sold and delivered, but title is not to pass until payment in full of the…
2Cases cited3 opinions
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Strodder v. Southern Granite Co.Supreme Court of Georgia · 1894
- Pearce & Williams v. Borg Chewing-Gum Co.Supreme Court of Georgia · 1900
3Cited by6 opinions
- Gibson v. AlfordSupreme Court of Georgia · 1926
- Joiner v. Southern Land Sales Corp.Supreme Court of Georgia · 1924
- Hinkle v. HinkleSupreme Court of Georgia · 1918
- Dorsett v. RoberdsSupreme Court of Georgia · 1931
- Wilson v. MilamCourt of Appeals of Georgia · 1980
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