Wellmaker v. Roberts
| Decision Date | 10 January 1958 |
| Docket Number | No. 19895,19895 |
| Parties | Mary Esther WELLMAKER v. James T. L. ROBERTS et al. |
| Court | Georgia Supreme Court |
R. B. Pullen, Atlanta, for plaintiff in error.
Bruce B. Edwards, W. Pat Roberts, Atlanta, for defendant in error.
Syllabus Opinion by the Court
Mary Esther Wellmaker filed suit against James T. L. Roberts, alleging that she became acquainted with the defendant Roberts shortly before Christmas, 1947; that she and defendant became close associates, and between February 15 and March 15, 1948, plaintiff consented to marry Roberts upon his protestation of love for her; that Roberts represented that he had certain financial obligations which should be met before entering into matrimony, to which plaintiff consented; that, about April 4 1950, the defendant proposed to plaintiff that they purchase the lot of land described in the petition and build a home thereon; that the lot was purchased for a consideration of $2,000, payable on certain terms, and that defendant proposed that they use their joint resources to pay for said lot and for the building material to be used in the construction of a residence; that the defendant, a competent builder, with the aid of his friends who would contribute their labor, would construct a home; that plaintiff assisted in every way possible to pay for the lot and in constructing the building; that she provided the down payment on the lot and advanced various amounts from time to time during the progress of the construction totaling slightly over $2,500 as plaintiff's contribution to the construction costs and in payments on the lot; that it was mutually agreed between the parties that title to the property be temporarily taken in the name of the defendant; that she actually assisted by performing labor on the house and providing meals to the workmen; and that this continued until about July, 1954, when defendant informed plaintiff that he had married another, whereupon she demanded an accounting, and when this was refused, she filed her petition praying that title to a one-half interest in said property be decreed in her. She also named as defendant C. W. Reeves, the holder of a deed to secure debt against said property, and prayed that he be enjoined from selling said property under the power of sale contained in the deed; that the defendant Roberts be enjoined from further encumbering or selling said property, and for the appointment of a receiver. On the trial, plaintiff testified, in support of the allegations of the petition, that she and defendant Roberts became engaged to marry in 1948; that in 1949 she took up abode with Roberts and they 'lived there as man and wife'; that about 1950 Roberts suggested buying a lot; that he asked her to go in and help him buy it and build a house on it, suggesting that they would marry and...
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Kelley v. Cooper
...(1985) (issue for jury as to whether agreement to share living expenses arose out of meretricious relationship); Wellmaker v. Roberts, 213 Ga. 740, 741, 101 S.E.2d 712 (1958) (because agreement between woman and defendant to engage in illicit sexual relations formed a part of the contract t......
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Tyranski v. Piggins
...decided in other jurisdictions relied on by the defendant in his brief and have found them to be distinguishable.In Wellmaker v. Roberts, 213 Ga. 740, 101 S.E.2d 712 (1958), the Court found that the agreement between the woman (plaintiff) and the man (defendant) to engage in illicit sexual ......
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Keene v. Keene
...courts of several sister jurisdictions (e. g., Stevens v. Anderson (1953), 75 Ariz. 331, 256 P.2d 712, 715(7); Wellmaker v. Roberts (1958), 213 Ga. 740, 101 S.E.2d 712, 713; Sparrow v. Sparrow (1957), 231 La. 966, 93 So.2d 232, 234(1); Smith v. Smith (1949), 255 Wis. 96, 38 N.W.2d 12, 14(2)......
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Lewis v. Storch, 44332
...Ga. 324(1), 21 S.E.2d 214; Smith v. Nix, 206 Ga. 403(2), 57 S.E.2d 275; Jones v. Dinkins, 209 Ga. 808, 76 S.E.2d 489; Wellmaker v. Roberts, 213 Ga. 740, 742, 101 S.E.2d 712; Gaddy v. Silverman, 86 Ga.App. 239, 245, 71 S.E.2d 277; Standard Club v. Saphire, 97 Ga.App. 135, 102 S.E.2d 72; Jone......