Hughey v. Harris
| Decision Date | 31 March 1861 |
| Citation | 32 Ga. 542 |
| Parties | Roberts & Hughey, plaintiffs in error. vs. Lewis F. Harris, defendant in error. |
| Court | Georgia Supreme Court |
Complaint for rent, in Troup Superior Court. Tried Judge Bull, at the November Term, 1860.
This was an action, in the simplified form of pleading, brought by Lewis F. Harris against Koberts & Hughey, to recover the sum of $300 00, alleged to be due the plaintiff for the rent of an office in the city of Savannah for the year 1857. The bill of particulars annexed to the petition was as follows:
Messrs Roberts & Hughey,
To Lewis F. Harris, Dr.
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|1857.| | |
|-----|----------------------------------------------------------------|------|
|Dec. |1. For one quarter's rent of office in Savannah, with interest |$ 75 |
| |on same from date |00 |
|-----|----------------------------------------------------------------|------|
|March|1. One quarter's rent, interest on same from |75 00 |
|-----|----------------------------------------------------------------|------|
|June |1. One quarter's rent, interest on same from |75 00 |
|-----|----------------------------------------------------------------|------|
|Sept.|1. One quarter's rent, |75 00 |
|-----|----------------------------------------------------------------|------|
| | |$300 |
| | |00 |
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The defendants pleaded the general issue, and also that they rented the office on condition that the same should be fitted up in good style and a coal grate placed in the fire place, all of which the plaintiff failed to do, and which failure discharged defendant from all obligation to pay the rent.
On the trial, plaintiff proved by the depositions of Benjamin Whitehead, that the account sued on was correct; that plaintiff's office was rented to defendants for one year from the 1st of September, 1857, at the rate of $300 00 per annum, the rent to be paid quarterly, which would make the time the rent was due, 1st of December, 1857, 1st of March, 1858, 1st of June, 1858, and 1st of September, 1858, and $75 00 the amount to be paid each time; that defendants took possession of the office and promised to pay the rent promptly as it became due; that some time in December J. M. Cooper left Savannah, and left the key of the office with the witness; that in the absence of a special contract for the year, the rent would have been worth $100 00 for the time defendants actually occupied the office.
Counsel for defendants objected to the reading of these depositions of Whitehead on the grounds:
1st. Because the ninth cross-interrogatory was not fully answered.
2d. Because the testimony sought to show, and did show, a special contract, which was inadmissible under the state of the pleadings, the action being in the short form, and based upon an open account.
On the back of Whitehead's deposition the following waiver was endorsed, to-wit:
The Court overruled the objection to the depositions on both the grounds taken, and counsel for defendant excepted.
The Court charged the jury, ...
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Tumlin v. Bass Furnace Co.
... ... defendant. There was a judgment for defendant, and plaintiff ... brings error. Reversed ... H. M ... Wright and Nat. Harris, for plaintiff in error ... R. T ... Fouchi, for defendant in error ... LUMPKIN, ... 1 ... ...
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Tumlin v. Bass Furnace Co
...to the introduction of the written contract, but its admissibility was clearly recognized. In this connection, see, also, Roberts v. Harris, 32 Ga. 542. Dobbins v. Manganese Co., 75 Ga. 450, a case somewhat similar to Hancock v. Ross, supra, cites that case approvingly, and rules that the w......
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Talbotton R. Co v. Gibson
...upon proof of a special agreement to pay the amount charged in the account. Johnson v. Quinn, 52 Ga. 485; Id., 51 Ga. 289; Roberts v. Harris, 32 Ga. 542; Schmidt v. Wambacker, 62 Ga. 321. See Bright v. Railroad Co., 88 Ga. 535, 15 S. E. 12; Kirkland v. Dryfus (Ga.) 29 S. E. 612. As the act ......
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Talbotton R. Co. v. Gibson
... ... pay the amount charged in the account. Johnson v ... Quinn, 52 Ga. 485; Id., 51 Ga. 289; Roberts v ... Harris, 32 Ga. 542; Schmidt v. Wambacker, 62 ... Ga. 321. See Bright v. Railroad Co., 88 Ga. 535, 15 ... S.E. 12; Kirkland v. Dryfus (Ga.) 29 S.E. 612. As ... ...