Collier Estate v. Murray

Supreme Court of Georgia

Collier Estate v. Murray

90 S.E. 52, 145 Ga. 851, 1916 Ga. LEXIS 512

CourtSupreme Court of Georgia

DecidedSeptember 21, 1916

StatusPublished

Cited by14 cases

This text of 90 S.E. 52 (Collier Estate v. Murray) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collier Estate v. Murray, 90 S.E. 52, 145 Ga. 851, 1916 Ga. LEXIS 512 (Ga. 1916).

Pincite

Opinion

Per Curiam.

1. In order to defeat a proceeding based upon a lease, which was a complete contract in itself, upon the ground that subsequently to the making of the same there was a novation of the contract, it would be necessary to show that another contract containing other and different terms from the original had been agreed upon, and that there was a consideration for the novation. In the present ease the defendant against whom proceedings to collect rent under the terms of the original lease had been instituted, and who set up a new contract, failed to show a novation; because, in the first place, there was no consideration for the new contract set up, and, in the second place, it does not appear from the evidence that there was a meeting of the minds upon the new agreement as alleged.

2. In view of the ruling made in the preceding headnote, it is unnecessary to pass upon .the other assignments of error contained in the record, as that ruling disposes of the issue in this case upon its merits.

Judgment reversed.

All the Justices concur, except Gilbert, J., hot presiding.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

1. In order to defeat a proceeding based upon a lease, which was a complete contract in itself, upon the ground that subsequently to the making of the same there was a novation of the contract, it would be necessary to show that another contract containing other and different terms from the original had been agreed upon, and that there was a consideration for the novation. In the present ease the defendant against whom proceedings to collect rent under the terms of the original lease had been instituted, and who set up a new contract, failed to show a novation; because, in the first place, there was no consideration for the new contract set up, and, in the second place, it does not appear from the evidence that there was a meeting of the minds upon the new agreement as alleged.

2. In view of the ruling made in the preceding headnote, it is unnecessary to pass upon .the other assignments of error contained in the record, as that ruling disposes of the issue in this case upon its merits.

Judgment reversed.

All the Justices concur, except Gilbert, J., hot presiding.

Cite This Page — Counsel Stack

Bluebook (online)

90 S.E. 52, 145 Ga. 851, 1916 Ga. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-estate-v-murray-ga-1916.

Opinion

Related

Cite This Page — Counsel Stack