Reisman v. Massey

Court of Appeals of Georgia

Reisman v. Massey

58 S.E.2d 528, 81 Ga. App. 277, 1950 Ga. App. LEXIS 878

CourtCourt of Appeals of Georgia

DecidedMarch 17, 1950

Docket32840

StatusPublished

This text of 58 S.E.2d 528 (Reisman v. Massey) 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

Reisman v. Massey, 58 S.E.2d 528, 81 Ga. App. 277, 1950 Ga. App. LEXIS 878 (Ga. Ct. App. 1950).

Pincite

Opinion

Felton, J.

1. In an action for the breach of a written real-estate-brokerage contract, filed against a man and his wife as co-partners, where the contract sued on was under seal and was signed by only one of the defendants in her individual name, no legal recovery can be had against the partnership and a verdict found by the jury for the defendants will not be reversed because of alleged errors on the trial. No recovery may be had against a partnership for a breach of a contract signed by one of the partners as an individual obligation only, where the other is not stricken by amendment. Doody Co. v. Jeffcoat, 127 Ga. 301 (56 S. E. 421); Code, § 81-1306. Only parties to sealed instruments may sue or be sued thereon. Hollingsworth v. Georgia Fruit Growers, 185 Ga. 873 (196 S. E. 766).

The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Sutton, C. J., and Worrill, J., concur.

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Felton, J.

1. In an action for the breach of a written real-estate-brokerage contract, filed against a man and his wife as co-partners, where the contract sued on was under seal and was signed by only one of the defendants in her individual name, no legal recovery can be had against the partnership and a verdict found by the jury for the defendants will not be reversed because of alleged errors on the trial. No recovery may be had against a partnership for a breach of a contract signed by one of the partners as an individual obligation only, where the other is not stricken by amendment. Doody Co. v. Jeffcoat, 127 Ga. 301 (56 S. E. 421); Code, § 81-1306. Only parties to sealed instruments may sue or be sued thereon. Hollingsworth v. Georgia Fruit Growers, 185 Ga. 873 (196 S. E. 766).

The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Sutton, C. J., and Worrill, J., concur.

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Bluebook (online)

58 S.E.2d 528, 81 Ga. App. 277, 1950 Ga. App. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reisman-v-massey-gactapp-1950.

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