Pepper v. Flanagan
| Decision Date | 14 September 1948 |
| Docket Number | 16293. |
| Citation | 49 S.E.2d 525,204 Ga. 265 |
| Parties | PEPPER v. FLANAGAN. |
| Court | Georgia Supreme Court |
Robert B. Flanagan filed a petition against Mrs Laura G. Pepper, alleging: On January 30, 1947, he entered into a contract with Mrs. Pepper, whereby he was to purchase a described house and lot, for $4300, $800 to be paid in cash, and the balance to be paid by placing a 'GI loan.' After the house was practically completed, he made application for the loan of $3500, but was, and is at this time, unable to obtain a loan sufficient to satisfy Mrs Pepper. It was known by Mrs. Pepper, and agreed to by her that he could purchase the house only by placing the loan specified in the contract. The house was in the process of being built at the time the contract was signed. In order to get the house built, he advanced to Mrs. Pepper $514 in cash to buy material to be used in building the house and to pay for labor. He and his wife practically built the house. They put in 660 hours of labor in building it, the labor being reasonably worth one dollar per hour. Mrs. Pepper is insolvent, and he would be unable to realize anything on his judgment, other than what could be realized from the house, which she is threatening to sell or trade. The prayers were: for a judgment against Mrs. Pepper in the sum of $1174; that she be temporarily and permanently restrained and enjoined from selling, trading, or disposing of the house and lot; and for process. The copy of the contract attached to the petition had the following stipulation: 'The purchase-price of said property shall be $4300, to be paid as follows: Eight hundred cash, balance to be paid by placing GI loan.'
A temporary restraining order was granted by the court against Mrs. Pepper. Mrs. Pepper filed her general demurrer to the petition, and an answer in which she denied the material arguments of the petition as alleged. The court overruled her general demurrer on June 10, 1947, and she filed her exceptions pendente lite assigning error on this ruling on July 10, 1947.
On August 19, 1947, Mrs. Pepper filed an amendment to her answer in the nature of a cross-action, in which she alleged: In the plaintiff's petition he attaches a copy of the contract which forms the basis of his petition, which contract provided that he would pay $3500, by the placing of a 'GI loan,' and he admits in his petition that he has breached his contract, has not paid the $3500, or tendered it. He contends that he is in actual possession of the property, and has been for about a year, without payment of rent. She tenders him a good and perfect title. She made no agreement with him to aid him in making any loan. Her prayers were for process; a rule nisi; 'that she have judgment for $3500 and interest at once on his contract since date of contract a special lien on said property, and that a judgment be properly framed as will in equity protect her interest.'
On the trial of the case, Flanagan presented evidence of work that he and his wife and done on the house, and sums of money that he had spent on material and labor used in the construction of the house. Mrs. Pepper's evidence...
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Mills v. Williams
...a new trial is made which complains that the verdict is contrary to the evidence and without evidence to support it. Pepper v. Flanagan, 204 Ga. 265(2), 49 S.E.2d 525; Foremost Dairy Products, Inc. v. Sawyer, 185 Ga. 702, 716(5), 196 S.E. 436; Guffin v. Kelly, 191 Ga. 880(2), 14 S.E.2d 50; ......
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Winterchase Townhomes, Inc. v. Koether
...restored to their original position by recovering the value of improvements they made to the property. See generally Pepper v. Flanagan, 204 Ga. 265, 49 S.E.2d 525 (1948). Judgment affirmed in part and reversed in BANKE, P.J., and POPE, J., concur. ...
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Morgan v. Reeves
...58 S.E. 356; Daniel v. Etheredge, 198 Ga. 191(12), 200, 31 S.E.2d 181; Erhlich v. Mills, 203 Ga. 600(3), 48 S.E.2d 107; Pepper v. Flanagan, 204 Ga. 265(4), 49 S.E.2d 525; Spinks v. Jenkins, 75 Ga.App. 414(2), 43 S.E.2d 586; Atlas Auto Finance Co. v. Atkins, 79 Ga.App. 91(3), 98, 53 S.E.2d 1......
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Milligan v. Milligan, 17794
...new trial is made which complains that the verdict is contrary to the evidence and without evidence to support it.' Pepper v. Flanagan, 204 Ga. 265(2), 49 S.E.2d 525, 526. Special ground 5 is without merit. 3. The right of counsel to open and conclude the argument to the jury is an importan......