Timmerman v. Stanley
Supreme Court of Georgia
Action for breach of contract. Before Judge Hodges. City court of Macon. December 14, 1904. Timmerman brought suit against Stanley, alleging as follows: On July 29, 1903, the plaintiff bought of the defendant a scholarship in Stanley’s business college, in the city of Macon, in the telegraphic department, which embraced a course in learning telegraphy in said college.
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Action for breach of contract. Before Judge Hodges. City court of Macon. December 14, 1904. Timmerman brought suit against Stanley, alleging as follows: On July 29, 1903, the plaintiff bought of the defendant a scholarship in Stanley’s business college, in the city of Macon, in the telegraphic department, which embraced a course in learning telegraphy in said college. On August 12, 1903, he bought of the defendant a scholarship, in the shorthand department in said college, which embraced a course in learning stenography, typewriting, etc. “ The said scholarships were delivered to petitioner…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1-5. Assuming the allegations of the declaration to be true, as we must do in considering the demurrer, each of the contracts evidenced by the two scholarships was entire, and when the defendant repudiated them the plaintiff had the right to treat his action as a rescission and bring suit for the amount which had been paid by him. Supreme Council v. Jordan, 117 Ga. 808. Or he might sue for a breach of the contract. Ala. Gold Life Ins. Co. v. Garmany, 74 Ga. 51. In the latter event that decision holds that in some cases the amount paid by the plaintiff may be…
2Cases cited4 opinions
- Harden v. LangSupreme Court of Georgia · 1900
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
- Supreme Council American Legion of Honor v. JordanSupreme Court of Georgia · 1903
- Henderson Warehouse Co. v. BrandSupreme Court of Georgia · 1898
3Cited by37 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Smith v. MerckSupreme Court of Georgia · 1950
- Williams v. FottchéSupreme Court of Georgia · 1924
- Collier v. CollierSupreme Court of Georgia · 1912
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