Gilbert v. Cherry

• Decision Date: 31 July 1876
• Citation: 57 Ga. 128
• Parties: John L. Gilbert, plaintiff in error. v. William A. Cherry, defendant in error.
• Court: Georgia Supreme Court

57 Ga. 128

John L. Gilbert, plaintiff in error. v. William A. Cherry, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, July Term, 1876.)

[COPYRIGHT MATERIAL OMITTED.]

Contracts. Vendor and purchaser. Fraud. Equity. Practice in the superior court. Damages. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1875.

The following, taken in connection with the above headnotes, sufficiently reports this case:

Cherry brought case against Gilbert for failure to comply with the following written contract:

"Georgia—Bibb County.

"The undersigned have this day entered into the following agreement: William A. Cherry agrees to sell J. E. Gilbert his plantation, consisting of about eight hundred acres, part in woods and part in open land, situate in Bibb county, between one and four miles from Macon, and being lands bought by said Cherry from the estates of Job Taylor, Robert B. Washington, John Boston, M. E. Rylander, Asa Holt, M S. Thomson, A. Dutenhoffer, known as swamp or River land, on thefollowing terms: Mr. Gilbert is to sow all the open lands mentioned in oats, at the usual time of sowing among farmers, and to take the usual pains to make a crop, and when the crop of oats is made the said Gilbert is to have them harvested at the usual time of harvesting oats, and to bale and deliver the same, at his expense, to said Cherry, in the city of Macon; in consideration of which the said Cherry agrees to convey to said Gilbert good titles to and for the part of the land which was so cultivated, and also for all the balance of the said eight hundred acres, provided said Gilbert pays him for each acre of the said balance of the said land the market value of the oats made on each acre of the land so cultivated, that is to say, the value of the oats so raised on an average acre of said land so sown in oats is to be the price said Gilbert is to pay per acre for said remainder of said land; and if said Gilbert does not agree to give that price so ascertained for said land, then he has the option of sowing said land in oats for the next *ensuing year, and to pay the value of said remainder of said land as ascertained as aforesaid in the oats to be so raised and grown in the second crop year, the first crop year ending in the spring of 1874. Upon the reasonable compliance with all these stipulations the said Cherry is to execute to said Gilbert or his assigns title in fee simple to and for all of said lands. The value of the said crop of oats is to be the market value thereof when duly delivered by said Gilbert to said Cherry, after they are harvested as above provided. The said lands are supposed to be about eight hundred acres, but the actual number of acres can hereafter be ascertained. The open lands herein agreed to be sown in oats are such as can be reasonably prepared and put in oats in the judgment of said Gilbert.

"Witness our hands and seals, this 4th day of...