28 Ga. App. 514 | Ga. Ct. App. | 1922
The plaintiff’s petition alleged substantially that she purchased certain described real property from the defendant and paid him $2,000 of the purchase-price, and for the remainder of the purchase money executed notes jointly with her husband (whom she made a defendant); that the defendant vendor conveyed this real property to her husband alone, and she thereupon decided to rescind her contract of purchase, and served the vendor with written notice of her intention to rescind, and made a demand
We think the nonsuit was properly awarded, under the evidence of the plaintiff herself. She testified repeatedly that she and her husband bought the property together, and the evidence shows that the deed was made to her husband and herself jointly. True, the evidence shows also that the defendant did subsequently make a deed to her husband, but this, according to her own testimony and that of her husband, was in compliance with their request that the title to the property be placed in her husband in order that a loan on it might be obtained with the property as security, for the joint benefit of herself and her husband, and that the lender of the money would not lend to both of them, but only to one, and it was agreed between them that this deed should be made to her husband for the purposes indicated above. It was also' in evidence that, in compliance with the agreement, her husband made a deed to her so far as his interst was concerned, to protect her from any possible loss in connection with the loan which had been made. As illustrating the contention that the purchase was a joint one by the wife and the husband, a few extracts may be given from her testimony on the subject: “I signed a note, and Mr. Burgess [her husband] signed the note [referring to the purchase-money note]. I and my husband signed it. That bond [for title] was made to me and Mr. Burgess [her husband]; we were buying the land jointly. I contributed the entire amount [of the cash payment]. Arrangements were made to pay the balance of the note [by borrowing it]. We [her husband and herself] was to borrow [it]. I engaged you [referring to the attorney who represented them in
The contention of the plaintiff that the defendant could not comply with his bond for title made to her is not supported by any facts. There is no allegation or proof that the defendant was insolvent and unable to comply or respond in damages for the
Judgment affirmed.