Atwood v. Norton

• Decision Date: 30 November 1860
• Citation: 31 Ga. 507
• Parties: ATWOOD vs. NORTON.
• Court: Georgia Supreme Court

31 Ga. 507

ATWOOD vs. NORTON.

Supreme Court of the State of Georgia

NOVEMBER TERM, 1860.

Assumpsit for rent, in Greene Superior Court. Tried before Judge Harris, at the September Term, 1860.

Atwood brought an action, in Greene Superior Court, against Norton, to recover two hundred and fifty dollars, for the rent of a house and lot in the town of Greensboro', known as the "Merrill place."

To this action the defendant set up, amongst other pleas, that the contract was void, as being against the provisions of the statute of frauds.

On the trial of the case, in the Court below, the following evidence was adduced, to wit:

Evidence for the Plaintiff.

George O. Dawson testified: That, as agent for the plaintiff, he rented to defendant a house and lot in Greensboro', known as the "Merrill lot, " for the year 1857, at the sum of two hundred and fifty dollars, fifty dollars of which sum was to be laid out and expended by the defendant in repairs upon said place. The contract was closed near the corner of Mr. Samuel Davis' garden, on the 14th of December, 1856, and after the witness had had a conversation with Mrs. Norton, Miss Celestia Foster, and Mrs. Poullain, and had left them, defendant told witness he would take the house at the price stated, and that it was a trade; and defendant was told by witness, that he could have possession at any time he wished; that owing to the said contract, the house was not rented to any one else, as the witness and plaintiff relied on the defendant taking it; that a few days before Christmas, 1856, a dispute arose between defendant and the witness, as to the renting of the house, in which defendant denied renting it, upon which, witness slapped his jaws; at that time, one William C. Smith had the key of the house; nothing was said about reducing the contract to writing, nor was there any writing executed; plaintiff had instructed thewitness to rent the house at three hundred dollars if he could, and if he could not, to take less.

Hiram Rouzzer testified: That defendant told witness, a short time before Christmas, 1856, that he either had rented, or had a notion of renting the Merrill place (witness not remembering which) and wanted witness to do some repairs on the place; defendant said he preferred to get witness to do the work, rather than employ a negro to do it; no work was done by witness on the lot for defendant.

John A. Miller testified: That sometime in December, 1856, the defendant requested witness to go with him to the Merrill place, saying, that he had rented it for the next year, and was to give two hundred and fifty dollars for it; upon going to the house, we found Mr. McRea in possession, and plaintiff's furniture was in the house.

Miss Mary H. Matthews, in answer to interrogatories, testified: That she met the defendant in the street, in the town of Greensboro', when defendant asked witness if she knew that he was going to be her neighbor? or told witness that he was going to be her neighbor, the witness does not recollect which expression was used, nor the time it was used, but it was before the difficulty between the defendant and Mr. Dawson.

The following letters of defendant were read in evidence:

"Greensboro', October 24, 1856. Mr. H. Atwood —Dear Sir: I wish to rent a dwelling house for next year. The object of this letter is to inquire if your Merrill house is to rent. If yea, what is the lowest price for it? I can give you as good a note as this town can make, to secure you the rent. Please answer by return mail.

Yours respectfully, C. C. NORTON."

"Greensboro', December 10, 1856.

Mr. Atwood —Dear Sir: As you requested when I last talked with you about the rent of your Merrill lot, I write to inform you, that I am bound to give another person an answer by Saturday, whether I will rent his house or not. I now renew my offer to you, to rent your house. Will give you $250 from January to January, 1858. You to move your furniture, and have a chimney built, and the part of the house shingled that leaks. If you prefer, I will make these improvements and deduct it from the rent. Please letme hear from you by Saturday morning. Neither Mr. Dawson or McRea are in town.

Yours truly, C. C. NORTON."

"December 13, 1856.

Mr. Atwood —Dear Sir: Mr. Dawson got home last night. I can wait for an answer about the house until next Tuesday morning. Mr. George O. Dawson will be here only a day or two, I learn.

Yours truly, C. C. NORTON."

James L. Brown testified: That Miss Mary H. Matthews resides in the neighborhood of the Merrill place.

Evidence for Defendant.

In answer to interrogatories taken out for Mrs. Evelina H. Poullain and Miss Celestia C. Foster, Mrs. Poullain testified: That she had a conversation with Mr. Geo. O. Dawson, at her house, in the town of Greensboro', on the 17th of December, 1856, in which Mr. Dawson said, that as he could not rent the Merrill place belonging to the plaintiff, to the defendant, he had come to see if he could not rent it to the women. To this, witness replied that she had nothing to do with the renting of the house, herself, but that she would be satisfied with any arrangement he might make with the defendant and Thomas N. Poullain, Jr., as they were her agents, in whom she had the utmost confidence. Defendant then •came into the room, and in the course of the conversation, said that Mr. Dawson could not rent the house to him on the terms proposed, inasmuch as he (Dawson) had refused to put the needed repairs upon the house to make it comfortable; that the house needed shingling, the...