91 Ga. 33 | Ga. | 1892
Dukes brought his action against Mrs. Baugh to compel specific performance of an alleged contract for the sale of land. Attached to his petition was a copy of a bond for title relied on by him, given to him by Mrs-. Baugh on April 9, 1884, reciting that she had that day agreed to sell him a certain described tract of land for $800, of which amount he had paid her in cash $50, and had made and delivered to her his two promissory
Upon the trial plaintiff’ first read the deposition of defendant to the following effect: Sold Dukes a piece of property of about ten acres in 1883 or 1884. Frank Magee was my agent. He had authority to receive the money and negotiate in all relations between myself and Dukes in regard to this property; what I mean is, that 'he had authority to receive the money and receipt for it, and that was- all the authority he had. After the trade was closed and the bond signed, he had authority to receive the money and receipt for it, and that was all the authority he had. Dukes never cultivated this land or lived on it after he bought it. It was a vacant piece of property in a large field of about forty acres, run off’ by a surveyor and staked, but not fenced in or marked in any other way. I asked Magee why he did not pay the money when the second note became due. I took possession of the land and paid the taxes and cultivated it after that time. Dukes made a demand on me in May, 1890. I was in possession and cultivated it from then until now (March, 1892). I never had any transaction with Dukes in person. I left that to my agents, Leak & Lyle. They sold the property, and I got Magee to receive the money for