Small v. English

Supreme Court of Georgia

Small v. English

159 S.E. 564, 173 Ga. 10, 1931 Ga. LEXIS 245

CourtSupreme Court of Georgia

DecidedApril 15, 1931

DocketNos. 8027, 8035

StatusPublished

This text of 159 S.E. 564 (Small v. English) 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

Small v. English, 159 S.E. 564, 173 Ga. 10, 1931 Ga. LEXIS 245 (Ga. 1931).

Pincite

Opinion

Per Curiam.

1. The court below did not err in refusing to sustain the general demurrer and dismiss the case, and there is no exception to the judgment of the court sustaining the demurrer to that part of the petition in which plaintiff claimed a right to, specific performance.

2. Under the evidence submitted at the hearing the court should not have directed a verdict for the defendant, but should have submitted the issues in the case, under proper instructions, for determination by the jury, that in their verdict they might determine whether the plaintiff was entitled to damages and the amount thereof.

Judgment reversed on the main bill of exceptions, and affirmed on the cross-bill.

All the Justices' concur, except .Atkinson, J., who dissents. [11]*11Nos. 8027, 8035. April 15, 1931. Adhered to on rehearing, July 15, 1931. John B. Guerry, for plaintiff. W. W. Dykes and J. J. Bull & Son, for defendant.

On rehearing, the judgment is adhered to.

All the Justices concur, except Atkinson, J., who dissents.

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