Bryant v. Hambrick
Supreme Court of Georgia
Debt on bond for titles to land, in Troup Superior Court. Tried before Judge Hill, May Term, 1850. This was an action of debt brought upon a bond made by Hambrick, the defendant in error, to Bryant, the plaintiff in error, in the penalty of Jive hundred dollars, and conditioned to be void when Hambrick should make good and sufficient titles to Bryant to lot of land No. 3, in the 12th district of Merriwether County. • On the trial of the cause in the Court below, the…
Read the full summary
Debt on bond for titles to land, in Troup Superior Court. Tried before Judge Hill, May Term, 1850. This was an action of debt brought upon a bond made by Hambrick, the defendant in error, to Bryant, the plaintiff in error, in the penalty of Jive hundred dollars, and conditioned to be void when Hambrick should make good and sufficient titles to Bryant to lot of land No. 3, in the 12th district of Merriwether County. • On the trial of the cause in the Court below, the plaintiff proved that he purchased the land of defendant for two hundred and fifty dollars; that he had gone into possession,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We think the Circuit Judge was right in allowing the defendant’s plea to be amended, but that he erred in permitting the execution to be read to the Jury as a set-off.
[2.] Instead of the ft. fa. the judgment, upon which it issued, should have been tendered in evidence.
[3.] Nor do we concur in the opinion, that the purchase money, with the interest thereon, is the measure of damages in an action on a bond for titles to land. Such a rule would tempt the vendor, in any case where the property increased in value, to violate his contract. The…
2Cited by9 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Cureton v. CuretonSupreme Court of Georgia · 1904
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Arentsen v. MorelandWisconsin Supreme Court · 1904
- Irwin v. AskewSupreme Court of Georgia · 1885
4 more not listed; retrieve them via the Exa API.