Baker v. Smith
Supreme Court of Georgia
Complaint. Before Judge Mitchell. Colquitt superior court. October 7, 1909. Thomas N Baker and the Thomas N Baker Lumber Company, on April 10, 1906, entered into a written agreement to sell to G-. E. Smith and his associates a certain line of railroad and accessories.
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Complaint. Before Judge Mitchell. Colquitt superior court. October 7, 1909. Thomas N Baker and the Thomas N Baker Lumber Company, on April 10, 1906, entered into a written agreement to sell to G-. E. Smith and his associates a certain line of railroad and accessories. On May 11, 1906, the parties consummated this agreement by entering into a written contract for the sale of the capital stock of the Flint Biver and Northeastern Bailroad Company, together with the physical properties described in the contract, for the sum of $100,-000, one fourth of which was payable in cash and the remainder…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
The plea was constructed as a plea in abatement. It averred that the contract of sale made the final payment of the purchase-money dependent upon the plaintiff’s performance, of certain cove*632nants, which had not been performed, and therefore the action was prematurely brought. If the contract is to be construed as an undertaking to pay a definite sum of money on a day named, provided that by that day these covenants had been performed, then the performance of the acts covenanted to be performed would be a condition precedent to the right óf action. Baker v.…
2Cases cited4 opinions
- Baker v. TillmanSupreme Court of Georgia · 1890
- Doe ex dem. Gledney v. DeavorsSupreme Court of Georgia · 1850
- Water Lot Co. v. LeonardSupreme Court of Georgia · 1860
- Clark v. CroftSupreme Court of Georgia · 1874
3Cited by9 opinions
- Wolverine Insurance v. SorroughCourt of Appeals of Georgia · 1970
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Daniel v. Dalton News Co.Court of Appeals of Georgia · 1934
- Mutual Benefit Health & Accident Ass'n v. HulmeCourt of Appeals of Georgia · 1938
- Smith v. BakerSupreme Court of Georgia · 1911
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