107 Ga. 490 | Ga. | 1899
From the record it appears that a certain mining company was incorporated in the State of Alabama. Stock was issued, of which West and Postell each owned a number of shares. West desired to purchase enough of the shares of the company to give him control thereof. ’ Postell sold him certain shares and took his obligation to pay for the same at the price agreed upon. A few days after this trade was consummated, West died and Thompson was appointed his administrator. Thompson had the shares of stock owned by West’s estate, including the shares purchased from Postell, transferred on the books of the company to him as administrator. He also attended meetings of the stockholders of the company and had himself made a director in the same by virtue of holding these shares as West’s administrator. There was some'correspondence between him as administrator and Postell, concerning the payment of the written obligation which West had signed for the price of the stock. In none of his letters to Postell prior to the latter’s bringing suit did Thompson deny the validity of the contract, but on the contrary acknowledged its validity and made certain promises in regard to its payment. Finally Postell brought his action against the administrator, and at the first term the administrator filed an answer to the merits of the action, making, however, at that term, no attack on the validity of the contract on the ground of the insanity of his intestate. At a succeeding term he amended his answer by adding, in substance, that West, on account of mental incapacity, was unable to make a valid and binding contract. Thompson died before the trial of the case, and Bunn was appointed administrator de bonis non, and made a party in place of Thompson. •At the trial, a large part of the evidence was devoted to an in
Judgment affirmed.