94 Ga. 196 | Ga. | 1894
It appears from tbe declaration that Dr. Steedly, a physician residing in Athens, Ga., entered into a partnership with Dr. Petrie, a non-resident physician, on the 8th of December, 1891, for a term of two years. The contract of partnership recited that Dr. Steedly, being established in Clarke county in the practice of medicine and desiring to enter the practice of surgery to a greater degree than foriiierly, believed it best to take a partner;
The defendant demurred to the declaration, upon the ground that it was not sufficient in law, and set forth no cause of action against the defendant. The demurrer was sustained, and the plaintiff excepted.
The court did not err in the ruling complained of. The general rule of law is, that where a contract has been in part performed, no part of the money paid under the contract can be recovered back. The contract declared upon being one of a personal nature, the death of one of the parties put an end to it; further performance was prevented by the act of God. There was no