Morris v. McKee

• Decision Date: 29 July 1895
• Parties: MORRIS v. McKEE.
• Court: Georgia Supreme Court

24 S.E. 142

96 Ga. 611

MORRIS v. McKEE.

Supreme Court of Georgia

July 29, 1895

Syllabus by the Court.

1. A written agreement, of which there are two copies, one signed by each of the two contracting parties therein, is binding upon both, to the same extent as if there had been only one copy of the agreement, and both had signed it.

2. Where two persons enter into a written contract, in which one acknowledges the receipt of a portion of the purchase money of a described lot of land, and agrees that, upon the payment of a specified sum as the balance of the purchase money by a given date, he will make the other party a deed to the property, and the latter binds himself "to comply with the above contract by date named," these are mutual and dependent covenants; and the seller, upon offering to perform his portion of the same, may maintain an action against the purchaser for the stipulated balance of purchase money without first conveying the property to him, or putting him in possession.

3. This case differs essentially from that of Reed v Dougherty, 20 S.E. 965, 94 Ga. 661. There, the contract if binding at all upon the proposed purchaser, contained no direct agreement on his part to pay the purchase money, but merely to execute and deliver notes for the same, secured by mortgage.

4. A contract purporting on its face to have been made in Floyd county, Ga., and dated at "Rome, Ga.," which refers to a lot of land "in 4th ward of the city of Rome," manifestly deals with a lot in Rome, Ga., and not one in Rome, Italy, or any other Rome.

Error from city court of Floyd; W. T. Turnbull, Judge.

Action by L. D. McKee against George B. Morris. There was a judgment for plaintiff, and defendant brings error. Affirmed.

G. A H. Harris and J. B. F. Lumpkin, for plaintiff in error.

Dean & Dean, for defendant in error.

ATKINSON J.

1. It is not essential to the mutuality of a contract that a single evidence thereof be signed by both of the parties. If there be two copies of the instrument, each containing all the mutual obligations between the parties, and these separate instruments be signed, the one by one of the parties, and the other by the other of the parties, to the contract, and they, so signed, be mutually interchanged between the parties, this is equivalent to a signing, either of both parties to both the instruments, or both parties to one of the instruments. In other words, the obligation...