Farrell v. Bean
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Bell. October 21, 1920. T. F. Bean, owner of certain realty, suing for tbe use of J. H. McNesser, a real-estate broker, sought to recover from P. J. Farrell commissions alleged to be due under the following contract: “Atlanta, Ga., 4/5/1920. “ The undersigned hereby agrees to purchase through J. H. Mc-Nesser, agent, the following described property, to wit: All that tract or parcel of land lying and being in the city of Atlanta,…
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Certiorari; from Fulton superior court — Judge Bell. October 21, 1920. T. F. Bean, owner of certain realty, suing for tbe use of J. H. McNesser, a real-estate broker, sought to recover from P. J. Farrell commissions alleged to be due under the following contract: “Atlanta, Ga., 4/5/1920. “ The undersigned hereby agrees to purchase through J. H. Mc-Nesser, agent, the following described property, to wit: All that tract or parcel of land lying and being in the city of Atlanta, Ga. House and lot'known as number 164 Whiteford Ave., for the sum of five thousand five hundred dollars ($5,500), to be…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) 1. There is no merit in the contention that it was not proper to bring the suit in the name of Bean, suing for the use of McNesser. West v. Morris, 10 Ga. App. 651 (73 S. E. 1075).
2. The proffered amendment to the defendant’s answer, which alleged fraud in the procurement of the contract, was properly disallowed, since the facts therein set forth were insufficient to show fraud.
3. While the proffered amendment to the answer was properly disallowed, the defendant, under his original answer, was entitled to show by parol evidence, if he could, that the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Hansford v. FreemanSupreme Court of Georgia · 1896
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Equitable Manufacturing Co. v. Hill-Atkinson Co.Court of Appeals of Georgia · 1916
- Hartman Stock Farm v. HenleyCourt of Appeals of Georgia · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harling v. TiftCourt of Appeals of Georgia · 1931
- Haraka v. DatryCourt of Appeals of Georgia · 1979
- Branan & Schmitz Realty Co. v. CarterCourt of Appeals of Georgia · 1970
- Rudder v. Belle IsleCourt of Appeals of Georgia · 1933