140 Ga. 758 | Ga. | 1913
This suit was for money had and received. A trade was made by. the defendant to sell to the plaintiff a tract of land for $1,500. Five hundred dollars was paid in cash, and notes for $1,000 were given. Later a second sale was made by the defendant to the plaintiff of another tract containing ten acres, for $1,100. The plaintiff conveyed in part payment land owned by him at a valuation of $600 (or according to the defendant $400) and gave a note for the balance. Later he and the defendant agreed on a termination of the trade. According to the plaintiff’s evidence, he gave up his bond for title and surrendered the land which he had conveyed to the defendant, while the defendant destroyed the plaintiff’s notes and promised to give him “part of the money”
Judgment affirmed.