Cheek v. McWhorter

Court of Appeals of Georgia

Cheek v. McWhorter

113 S.E. 812, 29 Ga. App. 109, 1922 Ga. App. LEXIS 90

CourtCourt of Appeals of Georgia

DecidedSeptember 27, 1922

Docket12933

StatusPublished

Cited by3 cases

This text of 113 S.E. 812 (Cheek v. McWhorter) 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

Cheek v. McWhorter, 113 S.E. 812, 29 Ga. App. 109, 1922 Ga. App. LEXIS 90 (Ga. Ct. App. 1922).

Pincite

Opinion

Stephens, J.

1. Surrender to the vendor by the vendee of actual possession of the land purchased under a bond for title, where the surrender is made in pursuance of a parol contract to rescind the sale, is such a part performance as will take without, the statute of frauds such parol contract which provides for a rescission of the sale and a surrender to the vendee by the vendor of the former’s purchase-money notes and a cancellation of the indebtedness evidenced thereby.

2. In a suit by the vendor against the vendee on such purchase-money notes, a plea by the defendant, alleging, by way of satisfaction in full of the notes sued on, a parol agreement by which the plaintiff is to deliver to the defendant the purchase-money notes sued on and the defendant is to deliver to the' plaintiff the bond for title, and alleging a surrender by the defendant to the plaintiff of the land in question, constituted a good defense to the suit and was improperly stricken on demurrer. Judgment reversed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

1. Surrender to the vendor by the vendee of actual possession of the land purchased under a bond for title, where the surrender is made in pursuance of a parol contract to rescind the sale, is such a part performance as will take without, the statute of frauds such parol contract which provides for a rescission of the sale and a surrender to the vendee by the vendor of the former’s purchase-money notes and a cancellation of the indebtedness evidenced thereby.

2. In a suit by the vendor against the vendee on such purchase-money notes, a plea by the defendant, alleging, by way of satisfaction in full of the notes sued on, a parol agreement by which the plaintiff is to deliver to the defendant the purchase-money notes sued on and the defendant is to deliver to the' plaintiff the bond for title, and alleging a surrender by the defendant to the plaintiff of the land in question, constituted a good defense to the suit and was improperly stricken on demurrer. Judgment reversed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

113 S.E. 812, 29 Ga. App. 109, 1922 Ga. App. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheek-v-mcwhorter-gactapp-1922.

Opinion

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