Williams v. Waters
Supreme Court of Georgia
Certiorari from the County-Court. Deckled by Judge Vasost. Dougherty Superior Court. May (adjourned) Term, 1867. James L. Waters and certain freedmen farmed during eighteen hundred and sixty-six, in Dougherty County. Plaintiff in error and his wife were two of those freedmen. Differing about their contract, Williams, in behalf of himself and wife, sued Waters in the County-Court, to compel compliance with the contract.
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Certiorari from the County-Court. Deckled by Judge Vasost. Dougherty Superior Court. May (adjourned) Term, 1867. James L. Waters and certain freedmen farmed during eighteen hundred and sixty-six, in Dougherty County. Plaintiff in error and his wife were two of those freedmen. Differing about their contract, Williams, in behalf of himself and wife, sued Waters in the County-Court, to compel compliance with the contract. General issue, set-off and payment were considered as plead. A trial was had before a jury. Plaintiff, introduced in his own behalf, testified: that he and other freedmen made…
1Opinion of the CourtWalker, J.
1. The Court did right to grant a new trial in this case. The Couuty-Court erred in refusing to allow evidence to show that plaintiff had not complied with his contract. Defendant has the right to reduce the amount of plaintiff’s claim, if he can show that by a failure of the plaintiff to comply with his part of the contract, the defendant suffered loss. If plaintiff failed to work as he contracted to do, he is not entitled, in good conscience, to as much as he would be if he had performed his obligations. Code, sec. 2850 and 2853.
2. There are degrees in secondary evidence, and the best…
2Cited by11 opinions
- Dixie Belle Mills, Inc. v. Specialty MacHine Co.Supreme Court of Georgia · 1961
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Illges v. DexterSupreme Court of Georgia · 1886
- Trice v. AdamsCourt of Appeals of Georgia · 1924
- Georgia Farm Bureau Mutual Insurance v. LatimoreCourt of Appeals of Georgia · 1979
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