Printup v. Mitchell
Supreme Court of Georgia
In Equity, from Eloyd Superior Court. Tried before Judge Trirpe, December Term, 1854. Tbe facts of this case are as follows: Joseph J. Printup had brought his action at Law against Daniel R. Mitchell, claiming some Two Thousand Dollars for work and labor done and materials furnished, in enlarging the ■buildings on a certain lot of Mitchell’s in the town of Romo, known as the Buena Yista House.
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In Equity, from Eloyd Superior Court. Tried before Judge Trirpe, December Term, 1854. Tbe facts of this case are as follows: Joseph J. Printup had brought his action at Law against Daniel R. Mitchell, claiming some Two Thousand Dollars for work and labor done and materials furnished, in enlarging the ■buildings on a certain lot of Mitchell’s in the town of Romo, known as the Buena Yista House. Mitchell filed this bill enjoining said action, setting up a parol agreement made between Printup and himself, by which Printup was to do the work in question, and for compensation, was to béeoüie a…
1Opinion of the Court
*561 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] If the defendant denies the existence of the parol contract sought to be performed, and insists upon the benefit of the Statute, can. the case be made out by parol evidence ? This is the first point presented in the bill of exceptions; and is, we concede, a vexed question.
There is high authority for holding that the bar to a decree is complete under such circumstances ; but we think the more modern practice and the better doctrine is, to allow the answer to be contradicted and overcome by aliunde evidence. To allow the answer to go…
2Cases cited2 opinions
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Bailey v. TaylorSupreme Court of Connecticut · 1836
3Cited by48 opinions
- Burress v. MontgomerySupreme Court of Georgia · 1918
- Beall v. ClarkSupreme Court of Georgia · 1884
- Hall v. WingateSupreme Court of Georgia · 1924
- Salmon v. McCrarySupreme Court of Georgia · 1944
- Neely v. SheppardSupreme Court of Georgia · 1938
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