Smith v. Culpepper

Supreme Court of Georgia

Smith v. Culpepper

33 S.E. 49, 108 Ga. 759, 1899 Ga. LEXIS 354

CourtSupreme Court of Georgia

DecidedApril 20, 1899

StatusPublished

Cited by1 cases

This text of 33 S.E. 49 (Smith v. Culpepper) 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

Smith v. Culpepper, 33 S.E. 49, 108 Ga. 759, 1899 Ga. LEXIS 354 (Ga. 1899).

Pincite

Opinion

Cobb, J.

It was, upon the trial of an action upon a promissory note given for the purchase of a mule and on its face reserving in the seller the title to the property until paid for, erroneous to strike a plea alleging that the mule had died without any fault or negligence on the part of the defendant, and praying for a rescission of the contract of sale; there being no stipulation therein that the purchaser was to be liable in case the mule died. Civil Code, $ 3543. Judgment reversed.

All the Justices concurring.

Complaint. Before, Judge Reese. Taliaferro superior court. February term, 1898.

Horace M. Holden, for plaintiff in error.

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