94 Ga. 416 | Ga. | 1894
On November 4, 1890, plaintiff made a contract with West, Acosta & Tharp, by which he agreed to convey to them certain land (except the mineral interest therein, which they owned), for a sum to be paid by January 1, 1892, default of such payment to cause a forfeiture by them of all rights under the contract. It was further
Defendant moved for a nonsuit on the grounds, that no privity between them, in contract or tort, was shown; that the testimony was too indefinite and uncertain to show what damage was done by the several defendants; that it showed no act except what was necessary to raise and mine the ore; and that it did not appear that the railroad company knew of the contract in question, nor that plaintiff ever objected to or opposed any of the acts complained of. The motion was sustained.