Butler v. Sams

• Decision Date: 28 September 1912
• Citation: 75 S.E. 1127,138 Ga. 748
• Parties: BUTLER . v. SAMS.
• Court: Georgia Supreme Court

75 S.E. 1127

(138 Ga. 748)

BUTLER .

v.SAMS.

Supreme Court of Georgia.

Sept. 28, 1912.

(Syllabus by the Court.)

1. Verdict—Error in Charge—Grounds tor New Trial.

Under the pleadings and the evidence, a verdict was demanded for the defendant; and if there was any error in the charge, as complained of, it would not require the grant of a new trial.

2. Evidence (§ 145^*)—Relevancy—Remoteness.

The plaintiff tendered in evidence a statement of account rendered by him to the defendant, showing the balance claimed by plaintiff on account of the transactions involved in the suit, together with a letter from the plaintiff, offering to accept the defendant's note therefor. These documents bore date more than two years after the sale, and were properly rejected by the court.

[Ed. Note.—For other cases, see Evidence, Cent. Dig. § 434; Dec. Dig. § 145.*]

(Additional Syllabus by Editorial Staff.)

3. Exchange of Property (§ 8*)—Action on Contract.

Where a contract for the purchase of land provided for the delivery of 9, 000 shares of certain mining stock at the price of 40 cents a share cash value in settlement of the balance of the price, the vendor, in case of the vendee's refusal to deliver the stock, could not recover the balance of the price in cash.

[Ed. Note.—For other cases, see Exchange of Property, Cent. Dig. §§ 14-18; Dec. Dig. § 8.*]

4. Exchange of Property (§ 8*)—Contract —Breach.

Where a contract for the sale of land provided for the payment of the balance of the price in mining stock, the vendor, on the purchaser's refusal to deliver the stock, could not recover the value of the stock at the time it was delivered, in the absence of evidence showing its market value at that time.

[Ed. Note.—For other cases, see Exchange of Property, Cent. Dig. §§ 14-18; Dec. Dig. § 8.*]

Error from Superior Court, Cobb County; W. A. Morris, Judge.

Action by R. E. Butler against W. A. Sams. Judgment for defendant, and plaintiff brings error. Affirmed.

In an action by R. E. Butler against W. A. Sams the petition alleged that the defendant was indebted to the plaintiff in the sum of $3,600 principal, and interest, by reason of the following facts: On September 20, 1907, petitioner sold to defendant described land for $10,000, $6,400 of which was to be paid in cash on January 1, 1908, the balance to be paid on the date last mentioned in "9, 000 shares of Los Colorado mining stock, par value $1 per share, at the price of 40 cents per share, cash value." The contract of sale was evidenced by a bond for title. On January 2, 1908, the defendant paid the amount which had been promised to be paid in money, received from the plaintiff a warranty deed, and promised in a "day or two" to deliver to plaintiff the 9, 000 shares of stock. The land was worth $10,000, and the stock was represented by the defendant to be of the value of 40 cents per share, and was accepted at such value by plaintiff, and in fact at that time it was bringing that price on the market The defendant failed to deliver the stock, though frequent demands had been made for it and in the meantime it depreciated in value, and was worthless at the time of the institution of the suit After alleging in substance as above set forth, the petition further alleged that, defendant "having failed and refused to turn over said stock according to his contract, and said stock having become worthless, petitioner brings this suit for the...