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Carroll v. Hutchinson

58 S.E. 309, 2 Ga. App. 60, 1907 Ga. App. LEXIS 269
CourtCourt of Appeals of Georgia
DecidedMay 24, 1907
Docket255
StatusPublished
Cited by8 cases

This text of 58 S.E. 309 (Carroll v. Hutchinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. Hutchinson, 58 S.E. 309, 2 Ga. App. 60, 1907 Ga. App. LEXIS 269 (Ga. Ct. App. 1907).

Opinion

Powell, J.

1. A plea alleging fraud, but not alleging specific acts constituting fraud, should be stricken on demurrer.

2. One who, in the absence of fraud, knowingly gives his promissory notes for a sum of money for the purchase-price of land for which he accepts from the payee of the notes a bond for title, conditioned upon the pay- : ment of that sum, can not defeat the collection, of the notes by show[61]*61ing an antecedent executory agreement on tlie payee’s part to give him tlie land, or a part of the purchase-price, or to sell it to him at a price different from that stated in the written contract.

Complaint, from pity court of Tbomasville — Judge Hansell. February 8, 1907. Submitted March 29 Decided May 24, 1907. 21. Baum, W. C. Snodgrass, E. P. S. Denmark, for plaintiff.

3. Tlie evidence demanded a verdict for the plaintiff.

Judgment reversed.

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Cite This Page — Counsel Stack

Bluebook (online)
58 S.E. 309, 2 Ga. App. 60, 1907 Ga. App. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-hutchinson-gactapp-1907.