106 Ga. 503 | Ga. | 1899
Allred brought suit against Mallard on a promissory note for $24,000. The defendant pleaded that the note was given as a part of the purchase-money of certain mining lands; that he had paid one thousand dollars cash and had given two notes, the one sued on and another for the sum of $25,000, and had taken from the plaintiff a bond for titles. At the time of making the trade plaintiff represented that he was the owner of all of the property except one parcel known as part of the "VV. B. Tate tract. Since the signing.of the note defendant has learned that the plaintiff has only a bond for titles to other parts of the property which he contracted to sell defendant and which constitute the larger portion of the lan'd bought, known as the Darnell place. Plaintiff is indebted in the sum of nineteen thousand dollars for the purchase of the part of the W. B. Tate tract above mentioned, and in the sum of $10,000 for the purchase of the Darnell place. Defendant is “not very well acquainted with the financial condition of the plaintiff, but charges on information and belief that he is a man of small property, not owning enough to afford this defendant any security for paying him the large sum of money demanded in the suit, and if defendant should pay the same to the plaintiff, who is not in a position to bind the title by contract of sale, defendant would lose all of the money paid by
Judgment affirmed.