McMillan v. Wilcox

Court of Appeals of Georgia

McMillan v. Wilcox

78 S.E. 270, 12 Ga. App. 721, 1913 Ga. App. LEXIS 726, 1913 WL 316

CourtCourt of Appeals of Georgia

DecidedMay 20, 1913

Docket4755

StatusPublished

Cited by1 cases

This text of 78 S.E. 270 (McMillan v. Wilcox) 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

McMillan v. Wilcox, 78 S.E. 270, 12 Ga. App. 721, 1913 Ga. App. LEXIS 726, 1913 WL 316 (Ga. Ct. App. 1913).

Pincite

Opinion

Him, C. J.

In a suit to recover damages for breach of contract the uncontroverted facts were as follows: The defendant made a written contract for a named consideration with the plaintiff, agreeing thereby to sell to him on specified terms certain real estate described in the writing. The real estate was not owned by the defendant when he made the contract, but the title thereto was in his wife. The wife had no knowledge of the contract and did not authorize her husband to make it, and did not in any manner ratify or adopt it. These facts were known to the plaintiff when he took the contract. The wife repudiated the contract and refused to sell her real estate to the plaintiff. Held, that a verdict for the defendant was demanded, the plaintiff not being entitled to recover even nominal damages. Judgment affirmed.

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

Him, C. J.

In a suit to recover damages for breach of contract the uncontroverted facts were as follows: The defendant made a written contract for a named consideration with the plaintiff, agreeing thereby to sell to him on specified terms certain real estate described in the writing. The real estate was not owned by the defendant when he made the contract, but the title thereto was in his wife. The wife had no knowledge of the contract and did not authorize her husband to make it, and did not in any manner ratify or adopt it. These facts were known to the plaintiff when he took the contract. The wife repudiated the contract and refused to sell her real estate to the plaintiff. Held, that a verdict for the defendant was demanded, the plaintiff not being entitled to recover even nominal damages. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

78 S.E. 270, 12 Ga. App. 721, 1913 Ga. App. LEXIS 726, 1913 WL 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-wilcox-gactapp-1913.

Opinion

Related

Cite This Page — Counsel Stack