138 Ga. 209 | Ga. | 1912
J. A. Callaway & Company filed a petition against W. W. Washington, alleging that the defendant and one Blount entered into a contract with -them, wherein Callaway & Company were to furnish to Washington and Blount the necessary funds to pay for turpentine timber then bought and boxed on the lands of J. L. Cowart, E. M. Williams, and others, to the amount of $492.28, and to pay the necessary pay-rolls of Washington and Blount while chipping and otherwise working the timber for turpentine during that season; Washington and Blount agreeing to deliver to their turpentine still all the crude turpentine made by them that season, to be distilled by Callaway & Company at $6.50 per barrel, the spirits to be shipped by them to the Savannah market, the net proceeds from the spirits and rosin to be applied to the cost of distillation and advances of every kind made by Callaway & Company, and the balance, if any, turned over to Washington and Blount. By mutual consent Blount was discharged from the contract, and Washington assumed all his obligations. Washington was indebted to Callaway & Company under this contract $457.13, besides interest, as appeared by an attached bill of particulars. Washington agreed that all existing leases, and such as he might subsequently acquire, should be assigned to Callaway & Company as security for the money and advances made by them; and agreeably to this arrangement all leases were assigned to Callaway & Company, ex